If an heir passes away who owns their share of an estate?

When my parents passed their home went into an estate. My sister and I are their only children. She passed a few years ago and now I need to know if her children inherit her half of the home or if I am the sole owner. It’s also under probate court. I’m not sure if that matters. Taxes are always paid on time and the home is being rented out.

Asked on January 28, 2019 under Estate Planning, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You did not mention whether or not a Will was involved. if there is one, then its terms will control over what happens to a benenficiary's share if they predecease the testaor (i.e. the person who made the Will). If there is no Will, then even if an heir dies before the person who they are to inherit from, under the laws of "intstate succession", the heir's next of kin is entitled to take their share. In this case, that would be your sister's children.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You did not mention whether or not a Will was involved. if there is one, then its terms will control over what happens to a benenficiary's share if they predecease the testaor (i.e. the person who made the Will). If there is no Will, then even if an heir dies before the person who they are to inherit from, under the laws of "intstate succession", the heir's next of kin is entitled to take their share. In this case, that would be your sister's children. 


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