Grandpa stated in will for estate to be split between kids

There are only 2 kids still living. 2
of the kids have passed so does that
entitle their kids to included in the
split of the money?

Asked on May 6, 2016 under Estate Planning, Ohio


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

Answered 4 years ago | Contributor

Generally, when a beneficiary is a member of a group and predeceases the "testator" (i.e. the maker of the Will), the property then goes to the surviving members of the group. This is true unless the Will provides otherwise. Consequently, if the Will states that the estate is "to be divided among my children", it would be split between the surviving children. However, if the Will left the property specifically to the children by name, then the inheritance is not considered a "class gift". The effect of this is that the deceased sibling's share would go to their children.

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