Full question:
In the case of a will, if named heirs are deceased, do the assets go to the children of the heirs, or are the assets divided among the remaining living heirs?
- Category: Wills and Estates
- Date:
- State: Mississippi
Answer:
According to SEC. 91-5-7, if a beneficiary named in a will dies before the testator (the person who made the will), and they have children or descendants, the assets do not lapse. Instead, those assets will go to the deceased beneficiary's children or descendants as if the beneficiary had survived the testator. However, if the deceased beneficiary is not a child or descendant of the testator, the bequest will lapse and the assets will be distributed according to the residuary clause in the will.
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