What happens when 2 beneficiaries of a Will have predeceased the maker of the Will?

UPDATED: Jun 16, 2015

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What happens when 2 beneficiaries of a Will have predeceased the maker of the Will?

My Grandmother passed and her Will is divided in percentages between 5 family members 2 of which have passed away. he only ones left are my 2 nephews and myself. I have a copy of the Will. Since my mother and sister have passed how are their parts distributed? Evenly among the 3 of us or does it come to me before my nephews?

Asked on June 16, 2015 under Estate Planning, Kentucky


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

Answered 7 years ago | Contributor

I am so sorry for your loss.  If an heir has pre-deaceased the Testator (your Grandmother) then the heirs of those pre-deaceased beneficairies will inherit under Kentucky law or unless the Will states otherwise. So the benefiairies under of the 2 deceased family members will receive their 1/5th share. Good luck.

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