Can an inheritance be passed on if the primary beneficiary dies?
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Can an inheritance be passed on if the primary beneficiary dies?
It’s a confusing situation that’s compounded by my lack of knowledge, but here
we go
My grandmother passed away earlier this year and named one of her sons the
executor of the estate. The plans are to sell the house and liquidate the
furniture, then divide the funds up between the 4 children. My mother is in ill
health and is unsure if she will live to see the monies from the selling of the
estate and is concerned that if she passes, the remaining siblings will simply
divide it up between the 3 of them and leave her out due to her being
deceased.
She’s extremely agitated at this and wants me to receive her portion of the
money even if she should pass away before things are finalized. Is there legal
recourse for this? Would a will or trust protect her share even in death? Does
she need to work directly with her brother the executor and his attorney? I
hope I can provide her a clear answer and begin the process soon to bring her
peace of mind. Thanks
Asked on April 29, 2019 under Estate Planning, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Since your mother outlived your grandmother, even if she dies before the estate is fully settled, her share of the estate will go to her own beneficiary--presumably you and any siblings or half siblings (other children of your mother), if any.
Legally, your right to her share of your grandmother's estate is protected, since your mother has qualified for and is entitled to her share. That doesn't mean that her siblings might not try to cut her and you out, but they cannot do so legally; if it appears that they are, you can bring a legal action against your grandmother's estate and the executor.
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