Wht happens when a beneficiary dies during probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Wht happens when a beneficiary dies during probate?
My husband’s grandfather passed away 6 months ago. His Will left everything to his wife with the exception that if she should pass before him then it would be divided between his children. The probate case is still pending and active. His wife has now passed only 5 months later. How does it work when this happens? Nothing has transferred yet and the executor of his grandfather’s estate hasn’t signed the papers yet.
Asked on January 21, 2013 under Estate Planning, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Given the facts of what you have written about, since the wife survived the husband but died before the assets were transferred into her name as to what she was given, then under the laws of all states in this country, what she was to receive is to go to her heirs under the terms of her presumed Will or trust.
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.