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Wills and Estates
Do living children inherit if a sibling is deceased?

Do living children inherit if a sibling is deceased?

Q: What can you not inherit from your parents?

You cannot inherit from your parents if they have a valid will that excludes you or if you have been legally disowned. Additionally, certain assets like life insurance policies or retirement accounts may pass directly to named beneficiaries, bypassing the estate and heirs.

Q: Who is not allowed to inherit?

Individuals may be barred from inheriting due to disinheritance in a will, legal disownment, or if they have committed crimes against the deceased. Specific state laws may also dictate who cannot inherit, so checking local statutes is advisable.

Q: Who is the most entitled inheritor?

The most entitled inheritor typically includes direct descendants, such as children, who are often first in line under intestacy laws. However, if a valid will exists, the distribution may differ based on the deceased's wishes. State laws govern inheritance rights, so it's essential to review local statutes.

Q: Who is the rightful heir to the estate?

The rightful heir to an estate is usually determined by state intestacy laws if there is no will. Generally, this includes children, spouses, and sometimes parents or siblings. If a will exists, the rightful heir is defined by the terms of that will, which may designate specific individuals to inherit.

Full question:

Three children one child deceased two living children at the time of fathers death. When a will says bodily heirs. Does that mean that the two living children inherit the inheritance or is the heirs of the deceased child considered bodily heirs?

Category: Wills and Estates
Date: 04/07/2025
State: West Virginia

Answer:

The term "bodily heirs" refers to descendants rather than just living heirs. In this case, with three children (two living and one deceased), if the will states to divide the property equally, there would be three shares. Each living child would receive one share, and the share of the deceased child would go to their children or other heirs to divide among themselves.

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

Who is not allowed to inherit from parents?

Certain individuals may be disqualified from inheriting from a deceased parent. This can include those who have been legally disowned or those who have committed certain crimes against the parent, such as murder. Additionally, if a parent has a valid will that excludes a child, that child may not inherit. State laws vary, so it's important to consult local statutes for specifics.

What is the difference between a beneficiary and an heir of an estate?

An heir is someone who is legally entitled to inherit from a deceased person under state law, often based on familial relationships. A beneficiary, on the other hand, is someone designated in a will or trust to receive assets. All beneficiaries can be heirs, but not all heirs are beneficiaries, especially if a will specifies certain distributions.