What happens when the beneficiary of a Will dies before the maker of the Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens when the beneficiary of a Will dies before the maker of the Will?
There are 3 children, 1 of whom just recently passed away. My father is deceased and my mother’s health is declining quickly. The Will states that the estate assets are to be split 3 ways. Now that my brother is deceased, what is protocol in dividing the assets? I think that his children should receive his share and not his wife.
Asked on November 20, 2014 under Estate Planning, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your situation. The Will itself should say words like "per stirpes" or "per capita" in some paragraph that deals with this issue. Per stirpes means the kids would inherit, not necessarily the Wife. Indiana seems to favor this disposition but the Will would govern. Please bring it to an attorney to review. Good luck.
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.