If we are settling our parents estate and dividing it between us four children, If one of us dies is the share then divided between the three surviving children?

My sister-in-law is asking about her getting my brother’s share in the will if he dies before the estate is settled. Would we need to give her his share if he were to die?

Asked on October 2, 2017 under Estate Planning, Washington


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

Answered 3 years ago | Contributor

If your brother died after you rparents, then regardless of whether the state has yet been settled, his share of the estatre goes to his own estate to be divided accoding to the terms of his Will or, if he had no Will, state law.

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