Estate Law
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Answered in 3 minutes by:
7/10/2015
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 50,981
Experience: 19 yrs estate law, real estate. Wills/Trusts/Probate
VerifiedHello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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This would depend on whether father had a "survivorship clause" in his will or not. If the will stated that he leaves his estate to his "surviving children", then they would have to be alive at the time of his death in order to inherit.
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But if he just said that he leaves his estate to his children, then if one child passed, his/her portion would go into their estate and descend according to how their estate descends.
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So if the deceased sibling left everything to his wife and there was no survivorship clause in father's will, then yes, she would inherit that sibling's share.
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thanks
Barrister
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This would depend on whether father had a "survivorship clause" in his will or not. If the will stated that he leaves his estate to his "surviving children", then they would have to be alive at the time of his death in order to inherit.
.
But if he just said that he leaves his estate to his children, then if one child passed, his/her portion would go into their estate and descend according to how their estate descends.
.
So if the deceased sibling left everything to his wife and there was no survivorship clause in father's will, then yes, she would inherit that sibling's share.
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.
thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 50,981
Experience: 19 yrs estate law, real estate. Wills/Trusts/Probate
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