who gets the property?

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who gets the property?

A mother dies in her will, she leaves property to her
deceased son. He left a living wife two children by a
previous marriage. Who gets the property?

Asked on March 10, 2016 under Estate Planning, Virginia

Answers:

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

Answered 5 years ago | Contributor

As a general rule, when a member of a "group" dies before the maker of the Will, the property goes to the surviving members of the group. This is true unless the Will provides otherwise. Accordingly, if the Will said the state was "to be divided among my children", then it would be split between the survivors. If, however, the Will had left the property specifically to the children by name, then the gift is not considered a "class gift". That means the deceased sibling's share would go to their children or would pass as per the terms of the residuary clause in the Will. In no event, would a deceased beneficiary's spouse inherit unless the Will named her as an alternate in case of her husband's death.


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