If an heir dies, who get their share of an estate?

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If an heir dies, who get their share of an estate?

A father dies without a Will and had a wrongful death settlement. There were 9 siblings but 1 dies; he had a different mother died. Does his mother or stepkids get included in the settlement?

Asked on November 29, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the mother does not inherit unless the will specifically states she does, because when a beneficiary of a will passes away, his share go pass "downwards" to his children or grandchildren, but does not pass "upwards" to his parents. And the stepchildren do not inherit because unlike being a biological (blood) or adopted child, "stepchild" is not a legal recognized relationship that gives one any inheritance rights.


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