what happens if my mother died and left a house but some of her children pre-deceased her?

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what happens if my mother died and left a house but some of her children pre-deceased her?

She had 6 children and 3 of them died but left issue. Do the issue of the dead children get an inheritance? Since the dead children did not survive my mother for 120 hours (5 days) or more,I have heard that they do not get inheritance.

Asked on June 7, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What controls is your mother's Will or trust that she had when she passed. If she had no Will or trust, then the state sets who inherits what from your mother under its intestacy laws. If your mother had a Will or trust stating that if any of her children died leaving issue and those children stand in the place of their parent, then those grandchildren whose parents passed before your mother inherit a portion of the house that you are writing about.

The key is that you need to carefully read your mother's Will and trust assuming there is one. I suggest that you consult further with a Wills and trust attorney to assist you further.


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