Who will inherit the deceased siblings portion from a mother's will?

Question

My widowed mother has a will. Land is left to my two sisters and myself.  My one sister recently died. Does my deceased sister land go to her only child or does it get divided between myself and my surviving sister when my mother passes away?

Christine Socrates · Answer

The answer to your question depends on how it is stated in the will.  There should be a provision that states who gets a deceased heir's share.  If the language states it passes "per  stirpes" then it goes to our sister's children/heir.  If it states "per capita", then it goes to the other living heirs/sisters.  The will may not contain either of these terms but it should state what should happen if an heir predeceases you mother.

Dera Johnsen-Tracy · Answer

Assuming the land you are referencing is still titled solely in your mother's name with no transfer on death designation, and also assuming her will is valid, then the answer to your question depends upon the terms of her will.  When your mother dies, all assets that that are titled solely in her name at the time of her death and that are not passed to beneficiaries by virtue of beneficiary designations or transfer on death designations will be part of her probate estate.  After all of her debts and expenses have been paid, and after the death probate process has been concluded, your mother's remaining probate assets will ultimately be distributed to the beneficiaries named in her will.  If your mother's will indicates that her property will be distributed to her children, per stirpes, then your deceased sister's interest will pass to her child.  However, if your mother's will indicates that her property will be distributed to her surviving children, then your deceased sister's interest will pass to you and your surviving sister.  It is always a good idea to review your estate planning documents following the death of a spouse or child.  Therefore, if your mother is still alive and competent, I would strongly encourage her to meet with an estate planning attorney now to review her will and other documents in order to ensure that her documents will ultimately accomplish her estate planning objectives.  ___________________________________________

Jeffrey Strickland · Answer

It depends on the verbiage within the will. If it states in equal shares, per stripes, then you and your living sister receive one-third each, and your deceased sister's children receive her one-third share.

Victor Waid · Answer

Assuming your mother does not transfer the land by sale or make a different provision in her will, the deceased sister's children will inherit her share of the property.

Edwin K. Niles · Answer

Doesn't the will cover it?

Frances Headley · Answer

It depends upon the wording of the will.  It should say what happens to her share.  If it says to her issue then it goes to her child.  You need to discuss with your probate attorney.

James Frederick · Answer

It depends on what the Will says. The Will could provide for either distribution you mention or something else entirely.

Mark T. Peters · Answer

If your sister survived at least 30 days after your mother died, then unless the will says differently, her share will go to her child.

Georges Shers · Answer

That depends entirely on the language of your mother's Will. If it states that the estate assets are to be divided equally among the three sisters, then the 1/3 interest of the deceased sister would go to her heirs. If it states it will go to the children who are still alive at her death, then it goes to the two living sisters only. Your mother can make an amendment [codical] to the Will changing or making it clear what she wants to happen.

Norman Green · Answer

It depends on what the will says.

Thomas Edward Gates · Answer

It depends upon the wishes stated in the will.  Generally, the beneficiary's distribution would go to her children.  If a minor, it would held in trust until 18 years old.

David Leon · Answer

The answer depends on the order of death and the exact wording of the will. The will needs to be probated.

Bernard H. Greenberg · Answer

You must look first to the Will of your Mother to read how the death of a beneficiary is to be handled. So start there and then consult with an attorney specializing in estate administration for further assistance.

Brian Haggerty · Answer

The will should say. In some cases, it may depend on the exact timing of your sister's death and your mother's.

James Weiner · Answer

it depends upon how it was left in mom's will.. call an attorney

Michele Ungvarsky · Answer

It will depend on how your mother directed the property to be handled if one of the children predeceased her.  The will either has the gift lapse which means the remaining children split it or it goes to the heirs of the dead sibling.

John Brennan · Answer

See an attorney, it depends on the wording of the will, if it was correctly drafted.

Randall Romei · Answer

If the land is a bequest under your mother's Will, then the exact wording of the bequest will control.  The Will could allow a lapsed legacy where the named donee, your sister, predeceases your mother, or, with a per stirpes bequest the share of the predeceased daughter could pass to the children of the named donee.  The exact wording is very important.

Jayne Sebby · Answer

The language in the will determines who inherits in place of your late sister.  If the will doesn't clarify this with language like "per stirpes" or "by representation", state law will determine who inherits.

Dara J. Goldsmith · Answer

Depends upon the terms of the Will.  If the Will is not clear your state law will need to be consulted.

Christine James · Answer

If your sister died after your mother, her children will get her share.

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Who will inherit the deceased siblings portion from a mother's will?

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