My son passed away and is listed as an heir in my will. Should i remove him from the will

UPDATED: Aug 10, 2019

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My son passed away and is listed as an heir in my will. Should i remove him from the will

Heir in my will. I have 3 children one recently passed away should i remove him
from my will?

Asked on August 10, 2019 under Estate Planning, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on what the will says and what you want. Example: say that your son had children of his own, and you want them to get his share. If the will left everything to your children "per stirpes," then his share will pass to his children. However, if the will simply left everything personally to your own children and not "per stirpes" (or made no other reference to it going to your children's children in the event a child predeceased you), then his share will be split between his siblings and his children (your grandchildren) get nothing. 
If he had no descendents, then his share will go to his siblings. 
If he did have descendents (e.g. children) and they will inherit under the will, but they are minors, then you may wish to change the will to put what they would receive into a trust (with a trustee) for their benefit until they become adult. 
Etc. You have to review what the will says and see if it still meets your needs.
We hope this answer is helpful, and please accept our sympathy for your and your family's loss.

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