What happens if the beneficiary of a Will dies before an estate is closed?

My father passed and my brother and I are co-executors and have no problem with dividing the estate. However, before it is cleared through probate court my brother passed. So do I get everything or does his wife recieve his part?

Asked on September 23, 2012 under Estate Planning, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a condition in the Will that is being probated requiring a beneficiary to live so many days after the death of the person who made the Will, it a beneficiary dies before the estate is closed but after the person making the Will has passed, the beneficiary's heirs end up receiving the bequest under his Will, trust or by way of intestate succession.

In your matter, those named under your brother's Will, trust or intestate succession if no Will receive what your father gave your brother.

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