What to do if my father’s Will states that my sister and I are to divide his estate 50/50 but she just passed away?

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What to do if my father’s Will states that my sister and I are to divide his estate 50/50 but she just passed away?

My father is still alive. Do her heirs now get her share of the estate if the Will is not changed?

Asked on April 18, 2015 under Estate Planning, Indiana

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

The answer depends on what is stated in the will.  The will should state what happens to her share if she predeceases your father.  It may use the term "per stirpes" which means it would pass to her heirs or "per capita" it would pass to the remaining surviving beneficiaries.  


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