What t do if I am the executor of an estate and one of the beneficiaries in the Will died before the estate was settled?

UPDATED: Mar 18, 2013

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What t do if I am the executor of an estate and one of the beneficiaries in the Will died before the estate was settled?

The language in the will regarding this beneficiary is “per stirpes”. Do I make out the check to the estate of this beneficiary or do I divide it between his 2 children? I do not have a copy of the Will of the deceased beneficiary.

Asked on March 18, 2013 under Estate Planning, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your losses.  If you are the executor or administrator of the estate then it may be best for you to make the check payable to his or her estate and have the money be distributed according to the Will or intestacy statute that applies. You can also interplead the funds in to the probate court in the county in which he or she resided if you wish to close out your estate earlier. Good luck.

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