If ina Will the home is left to 3 of the children, what happens when 1 of the children has died?

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If ina Will the home is left to 3 of the children, what happens when 1 of the children has died?

The child has a widow and 2 adult children.

Asked on February 15, 2012 under Estate Planning, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your losses.  Generally the Will tells you what will happen in this type of case, and it depends on if the child died before or after the parent.  If the child died after the parents but before the probate was complete, his share will go to his estate.  Now if he died before the parent read the Will.  It should state either that it goes to the deceased persons descendents "per stirpes" or it can say that it goes to the remaining beneficiaries.  Good luck.


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