Dad’s will designated 3 grown children as equal-share heirs (per stirpes). Do they gain title to shares of his net estate as of the date of his death?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Dad’s will designated 3 grown children as equal-share heirs (per stirpes). Do they gain title to shares of his net estate as of the date of his death?

This question centers around that period between and inclusive of the date of dad’s death and the date his will is finally probated and his estate distributed in 3 equal shares to the heirs. I am one of the 3 grown children, and will use my share of the inheritance to reduce debt for my wife and myself in preparation for retirement. But what if I should die before the estate is distributed? I am a heart patient; my dying is a possibility if not a probability. I know under “per stirpes” my share passes to my son if I predeceased dad? Here, I’m dying after dad but before getting my 1/3 share.

Asked on June 18, 2009 under Estate Planning, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You share vests as of the date of your father's death.  If his will provides per stirpes distribution, then your estate will inherit your 1/3 share.  Your estate will in turn make distribution to your heirs either pursuant to the terms of your will, or if you have no will (ie if your are "intestate"), then your share will be distributed pursuant to your states intestacy statutes.  Basically that would be your wife and son.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption