If my dad passed away and had a Will that divided his assets between his 4 children but 1 of them pre-deceased him, what happens to that child’s share?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my dad passed away and had a Will that divided his assets between his 4 children but 1 of them pre-deceased him, what happens to that child’s share?
Asked on January 26, 2013 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It depends on just what the Will provides. In such a situation, a Will may provide that the deceased's heirs inherit their share; this is called "per stirpes" distribution. Or a Will may provide that the estate be split among the surviving beneficiaries; this is known as "per capita" distribution. At this point, you'll have to seek legal counsel for further advice.
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.