What to do if I am the executor of a Will and it states that some money is to go to a child that has since passed away?

The child was married and had one child. If the Will doesn’t state what to do with the money if the original recipient had passed away, does the money go to the husband of the recipient, the descendant (child), or gets added back into the estate?

Asked on October 26, 2013 under Estate Planning, Washington


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the child died prior to the testator dying, then your state's laws would need to be reviewed to determine if there is an anti-lapse statute. This means it will then go to the grandchild or if it lapses, it can go into the residuary clause of the estate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.