What happens to a deceased beneficiary’s inheritance?
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What happens to a deceased beneficiary’s inheritance?
A father passed away and left all of his property, including a house, to 5 relatives in his Will. A year later, 1 of the 5 people passed away before the house was sold. The person who passed also had a Will leaving all of his assets to his brother. Do the house proceeds go to the remaining 4 relatives of the father or does the deceased beneficiary’s portion go into his estate and/or to his brother? In other words does their estate maintain his rights to what the father’s Will stated that he get a portion of the house?
Asked on March 20, 2019 under Estate Planning, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
So long as a beneficiary outlives the person from whom they are inheriting, then the beneficiary's estate is entitled to their share.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Because the beneficiary died a year after the father (rather than dying before, or "predeceasing," him), he--or more properly, his estate--is entitled to his share. By outliving the father, he inherited, so now that he has passed, his share will go to his own heirs and beneficiaries.
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