How is an estate distributed if a beneficiary dies before the estate is settled?

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How is an estate distributed if a beneficiary dies before the estate is settled?

My aunt died without a Will about 5 months ago. Therefore, her estate is being distributed once her house is sold, to 3 nieces, 2 of whom are sisters (the other nieces has no siblings). However, 1 of these sisters died last month before their aunt’s estate was distributed. How is the aunt’s estate distributed? Does it go the deceased sister’s estate or directly to her surviving sister?

Asked on September 27, 2019 under Estate Planning, Connecticut

Answers:

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

Answered 4 years ago | Contributor

Since the beneficiary (i.e. deceased sister) died after the maker of the Will (i.e. your aunt), then their share will be payable to their estate. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It will go the deceased sister's estate because according to what you write, she died around 4 months after the aunt died. Living that long after the aunt died, she qualified as an heir, so when she passed, her estate then received her share.


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