If a parent dies and had 7 children but one of them predeceased their parent, who inherits their share?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a parent dies and had 7 children but one of them predeceased their parent, who inherits their share?

The 7th child died 20 years ago and her daughter wants equal share of the estate. There is no living Trust or Will. is the estate to be divided equally amongst the 6 children that are living and does the granddaughter have a right to anything?

Asked on October 27, 2015 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since there isn't any Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.
Under intestate succession, the surviving spouse inherits the entire estate.  If there isn't a surviving spouse, the estate is divided equally among the children.  If there is a deceased child who had children, those children inherit the share of the estate their deceased parent would have inherited had the deceased parent survived.
If the parent dies without a surviving spouse, the estate is divided equally among the children.  Each child receives 1/7 of the estate.  The grandchild receives 1/7 which would have been the share her deceased parent would have received had the deceased child survived.  If the deceased child had two children, each of those two grandchildren would receive 1/14 because 1/14 + 1/14= 2/14= 1/7.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption