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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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