if a home is willled to 4 siblingsafter the death of both parents and one of the siblings is deceased, does his 1/4 go to the other remaining 3 siblings or does the deceased children have a right to their deceased parents part?

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if a home is willled to 4 siblingsafter the death of both parents and one of the siblings is deceased, does his 1/4 go to the other remaining 3 siblings or does the deceased children have a right to their deceased parents part?

power of attorney was signed before both parents death and a will was written. does power of attorney cease upon the parents death?

Asked on August 23, 2016 under Estate Planning, Virginia

Answers:

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

Answered 5 years ago | Contributor

Typically, when a deceased beneficiary is a member of a group and dies before the maker of the Will, the property then goes to the surviving members of the group, unless the Will otherwise provides. Accordingly, if it states that the estate is "to be divided among my children", it will be split between the surviving children. However, if the Will left the property specifically to the children by name (i.e. to "John, Mary and Ann"), then the inheritance is not considered a "class gift" which means that the deceased sibling's share would go to their children.


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