QUESTION
How do I divide the estate if one of the beneficiaries dies?
Asked on Jul 24th, 2011 on Estate Planning - Indiana
More details to this question:
My father had a will and in the will it states that after his debts are paid that his personally property will be divided to his three children. The will was signed in 2007 and father died in 2011. So does that mean that since my sister died in 2008 that her part goes to her son or does it just go to the living children we hope you can answer this question for us?
5 ANSWERS
It actually depends on some specific language in the will - it could go to her own surviving child(ren), or it could go to your father's other living children. I recommend you have an attorney review the will and help you determine your options.
Answered on Jul 26th, 2011 at 10:43 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Generally your deceased sister's child will be entitled to her share unless the will states otherwise (in Florida).
Answered on Jul 26th, 2011 at 8:52 AM
It would depend on the language of the will. California's anti-lapse statute may also come into play. You would need to present the will to a Estate attorney for a complete answer. Good luck!
Answered on Jul 26th, 2011 at 8:34 AM
Glen Edward Ashman
That depends on the wording of the will. You need to see a lawyer to determine which is the correct outcome.
Answered on Jul 26th, 2011 at 7:26 AM
Read the will careful for what is typically called an "anti-lapse" clause or something similar. The will dictates how distribution is made in that case.
Answered on Jul 26th, 2011 at 5:50 AM