Do the children of a deceased child have any inheritance rights to an estate if their grandparent passes away and they are not included in the Will?

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Do the children of a deceased child have any inheritance rights to an estate if their grandparent passes away and they are not included in the Will?

Asked on June 10, 2019 under Estate Planning, Virginia

Answers:

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

Answered 1 year ago | Contributor

It depends on how the grandparent's Will is written. If the deceased child's share reverts back to the estate or becomes payable to the other beneficiaries, then there is nothing for the grandchildren to inherit. However, if the Will provides that the deceased child's share is payable to that child's estate, then the children of the deceased child would have inheritance rights unless their deceased parent's Will provides otherwise.

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

Answered 1 year ago | Contributor

It depends on how the grandparent's Will is written. If the deceased child's share reverts back to the estate or becomes payable to the other beneficiaries, then there is nothing for the grandchildren to inherit. However, if the Will provides that the deceased child's share is payable to that child's estate, then the children of the deceased child would have inheritance rights unless their deceased parent's Will provides otherwise.


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