QUESTION
If a person dies, does his share of the estate go to the others or his personal heirs?
Asked on Nov 24th, 2013 on Estate Planning - Nebraska
More details to this question:
Five people are in an estate. We have received 2 distributions. We had to sign for the next one. Two signed. We were told that all have to sign to get next distribution.
8 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on the will, trust or law, and therefore your question cannot be answered on the facts presented.
Answered on Nov 27th, 2013 at 9:52 PM
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Hard to say. An attorney should review the Will and court papers to advise you.
Answered on Nov 27th, 2013 at 9:52 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You have an unusual situation. You need to consult with an attorney and review all of the facts of your matter to determine where you stand.
Answered on Nov 27th, 2013 at 9:51 PM
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That should not be the case but there may be a good reason for it. If one person dies during the probate/trust, that share would go to whomever the trust says. If the trust is silent it goes to that persons heirs.
Answered on Nov 27th, 2013 at 8:11 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to examine the document provisions to determine the method of distribution and the requirements re signatures; suggest you obtain probate counsel to advise you.
Answered on Nov 27th, 2013 at 8:10 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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This sounds fishy to me. What did you all have to sign? If just a receipt, that's fine. If anything else, it may be something that the personal representative might want you to sign, but it may be improper to require it. Further, why should your distributions depend on whether somebody else signs? To answer your stated question, you have not given enough information. It depends on the terms of the will.
Answered on Nov 27th, 2013 at 8:10 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I would think it would go to the deceased person's heirs at this point but it does depend on what the will says. If the personal representative won't discuss it with you, contact a local attorney to figure things out.
Answered on Nov 27th, 2013 at 8:10 AM
The distribution of a decedent's estate will be determined by the person's will or, if there was no will, by the state's intestacy laws. All heirs have to sign a release acknowledging that they have received some or all of the amount they are inheriting.
Answered on Nov 27th, 2013 at 8:09 AM