What happens if a mother ‘s Will leaves her estate to her son and daughter but the son died 5 hours before his mother?

UPDATED: Mar 15, 2015

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What happens if a mother ‘s Will leaves her estate to her son and daughter but the son died 5 hours before his mother?

The state in question has a 120 hour law. What is that?

Asked on March 15, 2015 under Estate Planning, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so, so sorry for your losses.  Let's start with the 120 hour law.  That is a law on the books in many states - Texas and Georgia to name two - and states that a heir must survive the decedent for 120 hours in order to inherit. HOWEVER, these laws generally apply when there is NO will. Here, there is a Will and it should state what happens should one of the beneficaries pre-deceases the testator (your Mom) or state law may state that as well.  You need to read the Will in conjunction with state law.  Good luck.

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