QUESTION
If heir to an estate dies before estate is settled, does the portion of estate revert back to the estate to be distributed among the remaining heirs?
Asked on Oct 27th, 2014 on Estate Planning - Oregon
2 ANSWERS
No, it goes to the heirs of the heir who survived the first death but did not survive the administration of the estate.
Answered on Oct 29th, 2014 at 11:03 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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It depends on what the Will says. If there is no will, then I would think no; title to property passes to the heirs upon the death of the decedent, subject only to administration of the estate. So, the deceased heirs share now has to be probated.
Answered on Oct 28th, 2014 at 6:07 PM