If a beneficiary to an estate dies, what happens to their share?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a beneficiary to an estate dies, what happens to their share?
Mother died 6 months ago. Her estate is to be divided equally among me and my siblings. My sister died last week. Is her daughter entitled to receive her mother’s share? On the one hand, the Will states that no provision is made for grandchildren; on the other, it states that children are entitled as long as they are alive 30 days past mother’s death. It seems that my niece is entitled to her mother’s share but some of my siblings, including the executor, are trying to cut her out.
Asked on September 16, 2013 under Estate Planning, Michigan
Answers:
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
Assuming that your sister died without a will and had no spouse to inherit from her, you are correct. When your mother died, her assets passed in equal share to you and each of your siblings. It matters not that the executor is taking more than six months to divide things up. Then when your sister died, her assets (including the ones she inherited from your mother but had not yet received) passed to her daughter. Your neice may want to hire an attorney to ensure that her rights are protected.
Anne Brady / Law Office of Anne Brady
Answered 11 years ago | Contributor
Assuming that your sister died without a will and had no spouse to inherit from her, you are correct. When your mother died, her assets passed in equal share to you and each of your siblings. It matters not that the executor is taking more than six months to divide things up. Then when your sister died, her assets (including the ones she inherited from your mother but had not yet received) passed to her daughter. Your neice may want to hire an attorney to ensure that her rights are protected.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.