If a parent dies and had 7 children but one of them predeceased their parent, who inherits their share?

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If a parent dies and had 7 children but one of them predeceased their parent, who inherits their share?

The 7th child died 20 years ago and her daughter wants equal share of the estate. There is no living Trust or Will. is the estate to be divided equally amongst the 6 children that are living and does the granddaughter have a right to anything?

Asked on October 27, 2015 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since there isn't any Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under intestate succession, the surviving spouse inherits the entire estate.  If there isn't a surviving spouse, the estate is divided equally among the children.  If there is a deceased child who had children, those children inherit the share of the estate their deceased parent would have inherited had the deceased parent survived.
If the parent dies without a surviving spouse, the estate is divided equally among the children.  Each child receives 1/7 of the estate.  The grandchild receives 1/7 which would have been the share her deceased parent would have received had the deceased child survived.  If the deceased child had two children, each of those two grandchildren would receive 1/14 because 1/14 + 1/14= 2/14= 1/7.


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