How assets are continued to be distributed if one of the beneficiaries dies years after the testator

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How assets are continued to be distributed if one of the beneficiaries dies years after the testator

Testator had no wife and his Will states All the rest, residue and remainder to my
children, in equal shares, Per Capita. Thats it. No time period to survive. Nothing
else. Then goes on to name executor, etc. Since Testator had a mesothelioma law
suit filed 4 years ago before he died and won his case, periodically checks are still
coming in and being distributed equally among his 4 children. Just recently, one of
the testators children died leaving a husband and 3 children. How should the
continuing assets of the estate now be distributed since one of the beneficiaries
died years AFTER the testator? What Pennsylvania law addresses this so I can
make note of the statute, etc.?

Asked on July 21, 2018 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

When a beneficiary post-deceeases or dies after the testator, then the beneficiary's share will pass to his or her own heirs or beneficiaries. In this case, her share will go to her children, each of whom will receive 1/3 of her share of any money she'd get.

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 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