QUESTION
What would happen if I die before my parents' estate is settled?
Asked on Aug 18th, 2015 on Estate Planning - Oregon
More details to this question:
My father recently passed, and my 2 sisters and I are named the beneficiaries. What if I die before it is all settled? Does my wife have a legal right to my share of the estate?
11 ANSWERS
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Whatever you inherited would pass to your legal heirs, probably not to your wife, You need to make a will.
Answered on Aug 19th, 2015 at 5:57 PM
Edwin K. Niles
In legal theory, your interest in the estate passes to you upon death, subject to administration. Therefore, you can make a will leaving that interest to whomever you wish.
Answered on Aug 19th, 2015 at 4:35 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It depends on how your parents' wills were written.
Answered on Aug 19th, 2015 at 11:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the will but generally if it was or would be your property and pass to your heirs.
Answered on Aug 18th, 2015 at 9:33 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends on the terms of your father's will. There is often a requirement that a devisee survive for thirty, sixty, ninety days or even longer. Then, the terms of the will would control what would happen if you did not survive for the required amount of time. If you have survived for the amount of time required, then whatever will come to you through the estate is vested in you now. Your wife has a legal right to your inheritance to the same extent she has a right to anything else you own. Note that Oregon is not a community property state your wife's rights if you die would depend on the terms of your will, or on Oregon's laws regarding intestacy if you have no will. Very rarely, a will might say "X cannot take any share of my estate" and will provide for alternate takers if X is in line for anything. But that would be the case only if your father really, really didn't want your wife to get anything from his estate.
Answered on Aug 18th, 2015 at 5:25 PM
Most states have a period of time that Person A must survive Person B by, in order to inherit from Person B. It's usually a pretty short period of time, such as 120 hours. From the facts you provide, you are likely to have already passed that period, in which case your own will would determine who inherits your share of your father's estate.
Answered on Aug 18th, 2015 at 5:18 PM
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Without knowing what the Will or Trust says it is impossible to say.
Answered on Aug 18th, 2015 at 5:05 PM
It goes to your heirs, at least one of which is your wife.
Answered on Aug 18th, 2015 at 5:05 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your children would receive your share, if you have children; otherwise your share would be returned to your parents, if alive, and if not then to your siblings, unless other instructions were left for distribution of deceased beneficiary share.
Answered on Aug 18th, 2015 at 4:57 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you are a legatee under your father's will or trust and are alive at the time of his death then the general rule is that your right to the legacy is vested and the legacy will be distributed to your estate in the event you pass away before distribution. Sometimes "alive at the time of death" of the decedent" (your father) is defined as "alive "X" days after the death of the decedent". Furthermore, a legacy may be subject to restrictions and postponement of possession, in which case the terms of the legacy must be reviewed to determine when the right to the legacy vests.
Answered on Aug 18th, 2015 at 4:56 PM
Yes, your heirs receive it. If you have a Will, it will pass by the Will; otherwise it goes to your heirs at law.
Answered on Aug 18th, 2015 at 4:40 PM