If one heir dies before the peron whose will it is,do all heirs share or does it go to deceased heirs kids?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If one heir dies before the peron whose will it is,do all heirs share or does it go to deceased heirs kids?

My sister died recently, Mom is still alive with Alzheimers. One part of Mom’s will is just for house, to be split always and forever between sister and me. Other assets are to be shared among the 4 of us, with the provision that if sister died her share goes to her kids.It does not say that about the house. Who gets her share of house?

Asked on July 21, 2018 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If an heir named in a will predeceases (dies before) the testator (person making the will), then she does not inherit and her own heirs/beneficiaries will not inherit, either; rather, the share would have gone to her will go to any other heirs--so you would get her share of the house.
The exception is if the will specifies that if the heir predeceases, then her beneficiaries (e.g. children) get her share--if specified in a will, it is legal for it to go to the deceased heir's own heirs. 
The question in this case comes down to exactly how is the will written: is it written in a way that the section or terms about the house are clearly separate from and not affected by the terms that if a sister dies, her share goes to her children--in which case, as stated above, you would get her share of or interest in the house; or is the will written in such way that it appears that the provision about her share going to her children applies to the house, too. This depends, as stated, on exactly how the will has been written; bring the will to probate or trusts and estates attorney, who can review its language and structure with you and advise you as to whether the part about the sister's share passing to her children also does apply to the house, too, or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption