What to do if the last named beneficiary dies without meeting state requirements for succession?

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What to do if the last named beneficiary dies without meeting state requirements for succession?

They did not survive the deceased by the 120 hours as directed by statute. How then does the estate get divided? The named beneficiary has 1 surviving daughter and 1 deceased son who left 2 children. There are 4, first cousins in line for the estate. Does the dead son’s children each get a share or do they split their mother’s? I am faced with the question of 4 ways or 5 ways to include the deceased brother’s children splitting a share.

Asked on March 20, 2013 under Estate Planning, Rhode Island

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a will or trust, first see if there is a residuary clause if the gift failed because of simultaneous death issues. If there is such a clause, follow those instructions. Otherwise, go by probate law if this occurred in Rhode Island. In Rhode Island, the named beneficiary's decedents will inherit. So for you, this means the daughter, and the deceased's son's two children get the share the deceased beneficiary would have received, equally. So let's say the deceased's beneficiary was to receive 60% of the estate. That 60% would be divided equally amongst the three (daughter and two grand children).


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