If a beneficiary of a Will dies, are their childrenstill entitled to their share of the inheritance?

UPDATED: Dec 16, 2010

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: Dec 16, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a beneficiary of a Will dies, are their childrenstill entitled to their share of the inheritance?

Recently, both my dad and aunt died. My father told us that my aunt had left us in her Will. While cleaning out my father’s room, I found a copy of a Will dated 08/10. It reads that my aunt is leaving my brothers and I $5000. Also, her house was to be left to my dad and his brother (my uncle). Now that my father has passed, can we his children claim what was supposed to be his? Also, should we bring a lawyer on the day the Will be be read?

Asked on December 16, 2010 under Estate Planning, California


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

Answered 11 years ago | Contributor

I am so sorry for your losses.  Did you find just a copy of your Aunt's Will?  Where is the original?  Keep the copy safe until you know.  First, did you Father die before or after your Aunt?  If he dies after then his share "vested" in him prior to his death.  If he dies before her then the Will should state what happens to the share of your Father should he pre-decease your Aunt.  Read the Will.  If is says that his share goes to his children (or his heirs per stirpes or something like that) then yes, you will share in his portion of your Aunt's estate. Now, did your Dad have a last Will and Testament?  If yes then his portion of your Aunt's estate that you can claim is governed by the Will.  If it is not specifically listed then it may come under the "rest, residue and remainder" portion of the Will, known as the "remainder clause."  If he did not have a Will then the intestacy statutes in your state apply.  I would go and seek legal advice on the matter.  Most states dispense with the actual formality of a reading of the Will but you should be prepared either way with advice.  Good luck.

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