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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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