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What happens when inheritor is deceased?

 
 
lowery
 
Reply Sat 18 Mar, 2017 02:38 pm
Hi all,

My mother would have been due to receive some inheritance along with her 2 siblings as her mother has passed away, however sadly my mother died before her mother.

My question is, who will receive her third of the inheritance? She was married when she died, and has 2 children... do the children receive it?

Thanks so much, appreciate any help with this
 
jespah
 
  4  
Reply Sat 18 Mar, 2017 03:25 pm
@lowery,
Usually, in America, the heirs of the deceased heir receive that person's share.

HOWEVER, I strongly suggest you consult with an attorney well-versed in Trusts and Estates, in case there is something in the will which would prevent that, or something in the tax laws which would decrease the estate significantly.
lowery
 
  2  
Reply Sat 18 Mar, 2017 04:19 pm
@jespah,
Thanks so much for your reply jespah, much appreciated. I am actually in UK. Maybe I'm posting on the wrong forum here possibly... oops.

All I know is that the 2 siblings of my mother say that it will either be split 3 ways and we will receive our mothers share, or that just THEY will receive it all (half and half). I have no reason not to trust them, but was very worried it might go to the husband of my mother who was a scammer. I know that my grandma put all 3 of her children in her will but am unsure what my mother had in hers.

I'll take your advice and see someone if I can, thanks.
jespah
 
  2  
Reply Sat 18 Mar, 2017 05:31 pm
@lowery,
I meant to add - I'm sorry for your loss. Dealing with an estate on top of the rest of it is no fun at all.
centrox
 
  3  
Reply Sat 18 Mar, 2017 06:16 pm
In general, under British law, if a beneficiary dies between the point when the will was made and the death of the testator, the beneficiary’s estate will usually have no benefit from the will. If the beneficiary has died before the testator (the person making the will), the benefit is said to have lapsed, BUT a gift in a will to a child or remoter issue of the testator or testatrix will not lapse if the dead beneficiary leaves issue (children) who are alive at the testator’s death. This does not apply where the gift is a life interest.

You need to see a solicitor.
0 Replies
 
centrox
 
  2  
Reply Sat 18 Mar, 2017 06:27 pm
@lowery,
lowery wrote:
do the children receive it?

I think they would get 50% each (of their mother's one-third share).
lowery
 
  1  
Reply Sun 19 Mar, 2017 02:52 am
@centrox,
Thanks so much centrox, this is very useful to know. It is a difficult time, and we have not had much to do with the financial side so thought we'd better ask on here as my mother's siblings seem unsure. I'll let the forum know when it all goes through in case it helps someone with a similar situation.

Many thanks again,
0 Replies
 
lowery
 
  2  
Reply Sun 19 Mar, 2017 02:54 am
@jespah,
Thanks jespah Smile
0 Replies
 
 

 
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