If a first generation heir dies does his share automatically go to his children?

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If a first generation heir dies does his share automatically go to his children?

Asked on April 18, 2012 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What you are referring to is a right of representation.  If there is a Will the decedent can exclude the children of the deceased heir (I am assuing a child of the decedent) but if there is no Will then the intestacy statute will apply. I believe that children of a deceased child will take their parents share under MA laws but the intestacy statutes in MA are very specific with regard to the amount of the estate, etc. and have just been amended to include more possible heirs.  So speak with an attorney aout your specific facts.  Good luck.  


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