If 1 of 2 beneficiaries dies before the maker of a Will, who inherits the dead beneficiary’s share?

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If 1 of 2 beneficiaries dies before the maker of a Will, who inherits the dead beneficiary’s share?

Asked on January 17, 2016 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Under most current state stautues unless the Will provides otherwise, if the beneficiary was a lineal descendant of the deceased (and a child is such), the beneficiary's children equally take their predeceased parent's share automatically (note: beneficiaries other than a lineal descendant do not share this privilege).
At this point, since the specific facts of your situation should be legally reviewes, you can consult directly with an attorney who specializes in probate cases. They can best advise you further. 


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