Wht happens when a beneficiary dies during probate?

My husband’s grandfather passed away 6 months ago. His Will left everything to his wife with the exception that if she should pass before him then it would be divided between his children. The probate case is still pending and active. His wife has now passed only 5 months later. How does it work when this happens? Nothing has transferred yet and the executor of his grandfather’s estate hasn’t signed the papers yet.

Asked on January 21, 2013 under Estate Planning, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Given the facts of what you have written about, since the wife survived the husband but died before the assets were transferred into her name as to what she was given, then under the laws of all states in this country, what she was to receive is to go to her heirs under the terms of her presumed Will or trust.

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