In California there are three heirs. One has passed; she had no children or husband. How is her share distributed? Does it go back to the estate for distribution or to the remaining 2 heirs?
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There is a will and it directs that these three share and share alike.
Okay. For the predeceased heir, the bequest would go back to the estate. The exception to this would be if the bequest was to that heir and included language such as "or their issue" or the phrase "per stirpes", then the bequest would go to the predeceased heir's children, if any. Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
There are other relations living (Sister), but not named in this distribution. Would the remaining 1/3 go to the sister or would it be divided between the other siblings children, rather than back to the estate? If it goes back to the estate – does that mean it would be redistributed between the remaining 2 named or would it go to the heir who is designated to receive the remanderment?
It would go back into the estate and would be considered residual and go to the remainderman.