QUESTION
If a mother that has 6 children and one of the children dies, who gets their inheritance, is it the children or their spouse?
Asked on Nov 19th, 2013 on Estate Planning - Michigan
12 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the person has no will, in Oregon if his children are all children of his spouse, then spouse takes all. If he has children of a different relationship, then spouse takes half and children take half.
Answered on Nov 21st, 2013 at 3:57 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The remaining siblings, and if the deceased sibling had children, then that share goes to the children of the deceased child. If the deceased child had a will, then anything his estate received would be directed according to his will.
Answered on Nov 21st, 2013 at 3:56 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Without a will it may depend upon if the spouse is the father of the children. Generally the spouse gets 50% of the assets of the estate and the balance is split between the children (or the grandchildren per-stirrups) equally. The spouse may get 100% if the spouse is the parent of all of the deceased's children.
Answered on Nov 20th, 2013 at 2:21 PM
Thomas Edward Gates
Normally it is the children, however, the will must state that the funds that would have gone to the deceased or given to another party. Failing to state so, the funds would be divided between the remaining siblings.
Answered on Nov 20th, 2013 at 2:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did the deceased sibling have any children? If so, then the children. If not, I believe that under Idaho law, that mother gets the inheritance, assuming there is no will stating otherwise.
Answered on Nov 20th, 2013 at 2:20 PM
3 Awards
Under Nevada intestate law, if a child dies and is survived by his or her mother who later dies intestate, that child's share is inherited equally among the deceased child's children. So in your example 1/6 to each surviving child and 1/6 to be shared equally among deceased child's children. If she had 3 children, each would receive 1/18th.
Answered on Nov 20th, 2013 at 2:20 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If deceased child had children, assets go to those children. Otherwise, assets go to surviving siblings.
Answered on Nov 20th, 2013 at 2:19 PM
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It depends who died first and if the child how died had children. If mom died first the spouse/children. If the child died first, his children, if no children, his brothers and sisters.
Answered on Nov 20th, 2013 at 2:19 PM
Depending on how the will is written, the deceased child's portion could go to any children he/she has or to the remaining siblings. If there is no will, state statute will direct the distribution.
Answered on Nov 20th, 2013 at 2:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally the children of the deceased child at aw but that can vary depending on the language of a will.
Answered on Nov 20th, 2013 at 2:19 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Potentially neither. This totally depends on whether the mother left a will or a trust, and what those documents say. If there is no will, the grandchildren will receive the share of their deceased parent.
Answered on Nov 20th, 2013 at 2:19 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on a number of factors. What does the mother's estate plan say? What does the child's estate plan say? How are the assets titled?
Answered on Nov 20th, 2013 at 2:18 PM