If a beneficiary to an estate dies, what happens to their share?

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If a beneficiary to an estate dies, what happens to their share?

Mother died 6 months ago. Her estate is to be divided equally among me and my siblings. My sister died last week. Is her daughter entitled to receive her mother’s share? On the one hand, the Will states that no provision is made for grandchildren; on the other, it states that children are entitled as long as they are alive 30 days past mother’s death. It seems that my niece is entitled to her mother’s share but some of my siblings, including the executor, are trying to cut her out.

Asked on September 16, 2013 under Estate Planning, Michigan

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Assuming that your sister died without a will and had no spouse to inherit from her, you are correct.  When your mother died, her assets passed in equal share to you and each of your siblings.  It matters not that the executor is taking more than six months to divide things up.  Then when your sister died, her assets (including the ones she inherited from your mother but had not yet received) passed to her daughter.  Your neice may want to hire an attorney to ensure that her rights are protected.

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Assuming that your sister died without a will and had no spouse to inherit from her, you are correct.  When your mother died, her assets passed in equal share to you and each of your siblings.  It matters not that the executor is taking more than six months to divide things up.  Then when your sister died, her assets (including the ones she inherited from your mother but had not yet received) passed to her daughter.  Your neice may want to hire an attorney to ensure that her rights are protected.


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