QUESTION
By law, are one of the sibling's children entitled to his third of our mother's estate?
Asked on Apr 09th, 2015 on Estate Planning - Ohio
More details to this question:
My mother passed away recently. In her will, written in 1976, she states that her estate is to be equally divided between her 3 adult children. That is all it says. One sibling died a few years ago. He left behind 4 adult children of his own.
2 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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The answer would depend on what is stated in your mother's will. If it states that her will that a predeceased, their share passes "per capita", or is divided amount the surviving children, then the other two siblings would inherit his share. However, if it states that a predeceased child's share passes "per stirpes", his share would pass to his children. Please let me know if you have any further questions.
Answered on Apr 14th, 2015 at 1:53 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If that's all the will says, the deceased child's 1/3rd share will be spilt equally among his living children. A gift by will only skips a named beneficiary if the will specifically says the gift is cancelled if the beneficiary dies before the person who wrote the will.
Answered on Apr 14th, 2015 at 1:05 AM