Who inherits estate proceeds if an heir has died?
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Who inherits estate proceeds if an heir has died?
My sister and I were “battling” legally over our late parents’ estate; they died without Wills a couple years, ago. Now my sister has passed away with our parents’ house still for sale. What happens now? She had 4 children, 2 of whom are over 18.
Asked on July 11, 2014 under Estate Planning, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
When someone dies without a Wil,l they died "intestate". In this event the intestacy or "succession" laws of the state in which they were domiciled at their death will control. In the situation you have here, both you and your sister were your parents heirs. Accordingly, the proceeds from the sale of estate assets would be spilt evenly between the both of you. This is true even though your sister has now died. In this case, her children will collectively take over her interest to her 50% share, which will be divided 25% to each. Her adult children (i.e. those over 18) will inherit outright. As for the minor children, the court will order a Trust to be set up for each of them until they turn the "age of majority" (typically 18 in most states).
That all having been said, you should consult with a local probate attorney to find out the details exactly how all of this works for the state in question.
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