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:
SEC. 91-5-7
Whenever any estate of any kind shall or may be devised or bequeathed by
the last will and testament of any testator or testatrix to any person being a
child or descendant of such testator or testatrix, and such devisee or
legatee shall, during the lifetime of such testator or testatrix, die testate or
intestate, leaving a child or children, or one or more descendants of a child
or children, who shall survive such testator or testatrix, in that case, such
devise or legacy to such person so situated as above mentioned, and dying
in the lifetime of the testator or testatrix, shall not lapse, but the estate so
devised or bequeathed shall vest in such child or children, descendant or
descendants, of such devisee or legatee in the same manner as if a legatee
or devisee had survived the testator or testatrix and had died intestate.
The above statute is referring to a child or descendant of the testator. If a
deceased beneficiary under the will predeceases the testator and is not a
child or descendant of the testator, the bequest will lapse and passed
pursuant to the residuary clause in the will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
