How is an estate divided if the deceased had 3 children but 1 is deceased?

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How is an estate divided if the deceased had 3 children but 1 is deceased?

Deceased sibling has child who is listed in will as receiving monetary gift. Does grandchild receive gift, plus 1/3 of estate?

Asked on November 2, 2012 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read the Will of the person who passed that outlived one of his or her children. The Will should state in the deceased child's children take that person's share or not. If the Will does not, then the two surviving children inherit equally what was given. I suggest that you consult with a Wills and trust attorney about your matter.


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