When I die who receives the little I have since I had 3 children but 1 of them died 6 years ago?

Asked on June 20, 2014 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Indiana's intestacy statute - the one that applies if you do not have a Will - seems to indicate that your estate would be divided equally amongst your children, with your deceased child's children (your grandchildren) sharing in their parent's portion of the estate.  So if your deceased child had two children it would be 1/3, 1/3 1/6, and 1/6.  However, statutes and laws change. So if you wish it to be this way or otherwise I suggest that you make out a simple Will with your wishes.  Good luck.


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