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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33424
Experience:  Estate Law Expert
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If a will written in 1968 says that "I hereby give all of my

Customer Question

If a will written in 1968 says that "I hereby give all of my estate,both real and personal,to whichever children survive me" and one child predeceases the mother,but the child`s children are listed as heirs when the will was probated,are they still entitled to the estate?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What do you mean "the child's children are listed as heirs"? Listed where?

Customer: replied 1 year ago.
In the circuit Court of Norfolk.The executor put names in where it says "the following named are all tof the heirs at law of the said of decedent: and has made a diligent search and inquiry of such heirs ,and believe the same to be true and correct".heirs
Expert:  Dwayne B. replied 1 year ago.

That document is just listing the people who have to be served or who could potentially have an interest in the estate. It doesn't mean they all inherit.

Under the language you gave the children of the deceased child would not inherit any of the estate under the will. If the will was not found to be valid then they could inherit under the laws of intestate succession but nothing in your facts indicate the will won't be valid.

Customer: replied 1 year ago.
if the will states only survivng children then the deceased child's children will not inherit?
Customer: replied 1 year ago.
I am understanding that the deceased child's children are in no way benefit or receive any assets?
Customer: replied 1 year ago.
We are located in Virginia if that makes any difference.
Expert:  Dwayne B. replied 1 year ago.

Yes, based on that language in the will, that is correct.

Expert:  Dwayne B. replied 1 year ago.

That language is the way you phrase it when you want the estate to go only to surviving children and not to the heirs of the deceased children.