If I die before I inherit my family member’s estate, does it go to my children?
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If I die before I inherit my family member’s estate, does it go to my children?
I am the beneficiary of my cousin’s estate. I am older that him. If I die before him will my children inherit his estate?
Asked on November 23, 2016 under Estate Planning, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Basically, there are 3 possible scenarios in this case. The first is if the Will itself provides for a contingent beneficiary named in the event of your death (i.e. who inherits if you die); the second is if no such beneficiary is named, then either the property will "lapse", that is revert back to your cousin's estate and the terms of the residuary clause of his Will determines who shall inherit (if he has no surviving spouse or children this may be your children), or thirdly, if your state has enacted what is called an "anti-lapse" statute, then the inheritance will transfer to your descendents (i.e. your children).
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