If my dad passed away and had a Will that divided his assets between his 4 children but 1 of them pre-deceased him, what happens to that child’s share?

Asked on January 26, 2013 under Estate Planning, Georgia


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

Answered 7 years ago | Contributor

It depends on just what the Will provides. In such a situation, a Will may provide that the deceased's heirs inherit their share; this is called "per stirpes" distribution. Or a Will may provide that the estate be split among the surviving beneficiaries; this is known as "per capita" distribution. At this point, you'll have to seek legal counsel for further advice.

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