If someone dies before receiving their inheritance, what happens?
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If someone dies before receiving their inheritance, what happens?
My mother-in-law, who is ill, is leaving 1/2 of everything to my husband and the other 1/2 to my sister-in-law. My husband also has a very serious condition. If my husband passes before my mother-in-law, what happens to my mother-in-laws estate? Do myself and our children receive any of it?
Asked on May 1, 2012 under Estate Planning, Florida
Answers:
Madan Ahluwalia / Ahluwalia Law P. C.
Answered 11 years ago | Contributor
There are three possible scenarios of what will happen to your husband's inheritance if he predeceases his mother. (1) The will itself might have already have a residuary beneficiary named in the event of his death; (2) if no residuary beneficiary is named, then either the property will revert back to the estate of the testator (your mother-in-law), and if she has no surviving spouse the remainder of the inheritance will go to her daughter or, (3) if your state has enacted what is called an anti-lapse statute, then the inheritance will transfer to the descendents of your husband (i.e., his children).
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