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What happens to absolute property in a will if the beneficiary is deceased?

What happens to absolute property in a will if the beneficiary is deceased?

Q: What type of property does not pass via will?

Certain types of property do not pass through a will. This includes property held in joint tenancy, assets with designated beneficiaries (like life insurance policies and retirement accounts), and property held in a trust. These assets typically transfer directly to the surviving owners or beneficiaries upon the owner's death.

Q: Can an executor decide who gets what if there is no will?

No, an executor cannot unilaterally decide who receives property if there is no will. Instead, the estate will be distributed according to state intestacy laws, which dictate how assets are divided among surviving relatives. The executor's role is to administer the estate according to these laws, not personal discretion.

Q: Who is classified as an heir?

An heir is classified as a person entitled to inherit property from a deceased individual, either through a will or by intestacy laws. This classification can include direct descendants like children and grandchildren, as well as other relatives such as siblings or parents, depending on the specific laws of the state.

Full question:

if property is listed in a will as 'absolute' to a person and that person was deceased prior to the person that made the will, what happens to that property?

Category: Wills and Estates
Subcategory: Representation or Antilapse
Date: 04/07/2025
State: South Carolina

Answer:

The outcome depends on the will's wording and any applicable laws. The will may specify who inherits the property if the named beneficiary is deceased. If there's a residuary clause, the property might pass under that clause. Additionally, if the deceased beneficiary had children, they could inherit the property under the law of representation, unless the will states otherwise. This principle can apply to other heirs as well, but it must be checked under South Carolina law. Due to these factors, the specific language of the will needs to be reviewed by the person probating it.

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 receives property under a will is called an heir?

An heir is a person who is legally entitled to inherit property from a deceased person's estate. This can include individuals named in the will or those who would inherit under state law if there is no will. In the context of a will, heirs may receive property as specified by the testator, or they may inherit through laws of intestacy if no valid will exists.

What type of property does not pass via will?

Can an executor decide who gets what if there is no will?

Does an estate override a will?

No, an estate does not override a will. A will is a legal document that outlines how a person's assets should be distributed upon their death. However, if there are assets not mentioned in the will or if the will is deemed invalid, those assets may be distributed according to state intestacy laws. The will generally governs the distribution of the estate.

Who is the rightful heir to the estate?

The rightful heir to an estate is typically determined by the decedent's will or state intestacy laws if there is no will. Heirs may include spouses, children, parents, or siblings, depending on the relationship and the state's legal framework. If a will exists, it specifies who inherits, while intestacy laws outline the hierarchy of heirs.