If a beneficiary dies before they receive their portion of an estate does their portion then go to their heirs?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a beneficiary dies before they receive their portion of an estate does their portion then go to their heirs?

Asked on April 7, 2013 under Estate Planning, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming that the beneficiary outlived the testator (i.e. the maker of the Will), then their share will go to their heirs. If the beneficiary predeceased the testator, then the terms of the Will prevail. However, if the Will is silent as to what happens if a beneficiary predeceases the testator then, depending on the state, the gift will either" lapse" and become part of the residuary estate (and pass accordingly) or it will be as though the benficiary did not predecease the testator and so their share will pass to their heirs (i.e. the beneficiaries next of kin will get their share).


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 with SHA-256 Encryption