If an heir dies, who get their share of an estate?

UPDATED: Nov 29, 2018

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 29, 2018Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an heir dies, who get their share of an estate?

A father dies without a Will and had a wrongful death settlement. There were 9 siblings but 1 dies; he had a different mother died. Does his mother or stepkids get included in the settlement?

Asked on November 29, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the mother does not inherit unless the will specifically states she does, because when a beneficiary of a will passes away, his share go pass "downwards" to his children or grandchildren, but does not pass "upwards" to his parents. And the stepchildren do not inherit because unlike being a biological (blood) or adopted child, "stepchild" is not a legal recognized relationship that gives one any inheritance rights.

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