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What Happens if a Will Beneficiary Has Passed Away

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  • 01-21-2017, 02:03 PM
    lawfacts
    What Happens if a Will Beneficiary Has Passed Away
    If a parent in New York passes away and leaves his estate equally to his children, but one of the children died a few years earlier (after the will was executed), what happens to that child's share? Can their spouse claim the inheritance?
  • 01-22-2017, 06:53 PM
    Mr. Knowitall
    Re: What Happens if a Will Beneficiary Has Passed Away
    If the will provides for what happens to the deceased child's share -- and even though the child died after the will was drafted, there could be a general clause in the will that addresses what happens if an heir has passed away or a specific clause for the bequest to child -- the will governs.

    If it does not, then the spouse would not ordinarily have a claim, but if the deceased child had surviving issue (children of her own or, if her own children have passed away, surviving grandchildren) they would likely inherit her share.
  • 02-15-2017, 05:09 AM
    budwad
    Re: What Happens if a Will Beneficiary Has Passed Away
    Quote:

    Quoting Mr. Knowitall
    View Post
    , but if the deceased child had surviving issue (children of her own or, if her own children have passed away, surviving grandchildren) they would likely inherit her share.

    The will might use the term per stirpes to indicate that direct descendants will inherit.
  • 02-15-2017, 05:52 AM
    Mr. Knowitall
    Re: What Happens if a Will Beneficiary Has Passed Away
    Which is to say that "If the will provides for what happens to the deceased child's share... the will governs".
  • 02-15-2017, 06:37 AM
    budwad
    Re: What Happens if a Will Beneficiary Has Passed Away
    I posted that because I don't think many people are familiar with the term when they find it in a will. Not because your post was unclear or not complete.
  • 02-15-2017, 06:23 PM
    Mr. Knowitall
    Re: What Happens if a Will Beneficiary Has Passed Away
    Good point.
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