If a first generation heir dies does his share automatically go to his children?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a first generation heir dies does his share automatically go to his children?
Asked on April 18, 2012 under Estate Planning, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you are referring to is a right of representation. If there is a Will the decedent can exclude the children of the deceased heir (I am assuing a child of the decedent) but if there is no Will then the intestacy statute will apply. I believe that children of a deceased child will take their parents share under MA laws but the intestacy statutes in MA are very specific with regard to the amount of the estate, etc. and have just been amended to include more possible heirs. So speak with an attorney aout your specific facts. Good luck.
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.