When an heir dies, who is awarded the heirs portion?

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When an heir dies, who is awarded the heirs portion?

Asked on September 11, 2014 under Estate Planning, Indiana

Answers:

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

Answered 7 years ago | Contributor

That would depend on if there is a Will and state law. If a Will leaves a portion of the decedent's estate to their children and if they predecease, to their heirs "per stirpes" then the children of the deceased child get his or her share. If the child dies after the parent who left them the inheritance then it will go through the deceased child's estate (his or her Will or via intestacy statute when there is no Will).  If in the first place there is no Will then the intestacy statute applies and it appears Indiana favors passing on inheritance to the children of a deceased child/heir.  The specifics of your situation really have to be discussed with an attorney.  Good luck.


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