If a beneficiary dies before they receive their portion of an estate does their portion then go to their heirs?
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If a beneficiary dies before they receive their portion of an estate does their portion then go to their heirs?
Asked on April 7, 2013 under Estate Planning, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Assuming that the beneficiary outlived the testator (i.e. the maker of the Will), then their share will go to their heirs. If the beneficiary predeceased the testator, then the terms of the Will prevail. However, if the Will is silent as to what happens if a beneficiary predeceases the testator then, depending on the state, the gift will either" lapse" and become part of the residuary estate (and pass accordingly) or it will be as though the benficiary did not predecease the testator and so their share will pass to their heirs (i.e. the beneficiaries next of kin will get their share).
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