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Who Inherits the Property if One of the Heirs in a Will is Deceased?

Who Inherits the Property if One of the Heirs in a Will is Deceased?

Q: What is the order of death for inheritance?

The order of death for inheritance usually follows the line of descent. Generally, a decedent's children inherit first, followed by grandchildren, parents, siblings, and then more distant relatives. If a beneficiary has died, their share may pass to their descendants if the will allows it.

Q: Who comes first in inheritance?

In most cases, the first in line for inheritance are the decedent's children. If there are no children, the estate may go to the spouse, parents, or siblings, depending on the state's laws and the will's provisions.

Q: Who is first in line for inheritance?

Typically, the first in line for inheritance are the decedent's children. If there are no children, the estate may pass to the spouse, parents, or siblings, as dictated by state laws and the will's terms.

Q: Does inheritance get split between siblings?

Yes, if a will states that the estate is to be divided among siblings, it will be split according to the terms outlined. If one sibling has passed away, their share may go to their children if the will includes a 'per stirpes' provision.

Q: Does inheritance have to be split evenly?

Inheritance does not have to be split evenly unless specified in the will. The decedent can designate how their estate is to be divided, and this may include unequal distributions among heirs.

Full question:

when my grandmother passed away her will read that her two children were to split everything in half . What happens when one of them children being my mother has already passed do my siblings and I get her part of the will

Category: Wills and Estates
Date: 04/07/2025
State: New York

Answer:

The answer will depend on the language of the will. Per stirpes is a Latin term meaning "by roots," or by representation. The term is often used in wills and trusts to describe how to carry out a distribution when a beneficiary dies before the person whose estate is being divided. Under per stirpes distribution, children take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents. Another way to express the same intention is to provide "…to her children, by right of representation, share and share alike," which is clear to the non-lawyer. If there is no provision for distribution to children of a predeceased child, then the gift may become part of the residue (what is left after specific gifts), and then the grandchildren may not share if there are surviving children of the giver.

Under per stirpes distribution, when the beneficiary dies before the person whose estate is being divided, children of the beneficiary take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents.

If per stripes isn't specified, then the other choice will divide the bequest equally among the surviving heirs and children of a deceased heir will not receive the share the deceased heir's share.

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.

FAQs

Do grandchildren inherit from grandmother?

Generally, grandchildren do not inherit directly from a grandparent unless specified in the will. If a grandchild's parent (the child of the grandmother) has passed away, some wills include a 'per stirpes' clause, allowing grandchildren to inherit their parent's share. If there is no such provision, the estate typically goes to the surviving children.