Full question:
In New Hampshire, If the Last Will and Testament stipulates that the estate will be split equally amongst the Children (and does not specify living or dead), and one Child is no longer living, does the estate get split only to living children or does the portion of the estate for the person who is no longer living go to his/her children?
- Category: Wills and Estates
- Date:
- State: Virginia
Answer:
In New Hampshire, if a child named in a will dies before the estate is divided, their share typically goes to their children. This is known as per stirpes distribution. Under this rule, the deceased child's heirs inherit the portion their parent would have received if they had been alive. New Hampshire law supports this approach, as stated in NH statute 551:12, which says that heirs in the descending line of a deceased legatee will take the estate as if the legatee had survived.
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