What happens if a beneficiary dies before the testator?
by David M. Israel
The distribution of the estate will go more smoothly if
there is greater certainty about what happens if one of the
beneficiaries dies before the testator. This can be
accomplished by specifying that an heir should survive the
testator by thirty days before being entitled to his share,
to prevent a double probate in the event of a common accident.
If the testator did not make specific arrangements and an
heir predeceases the testator, that bequest simply fails
and is included in the balance or residue of the estate.
Invariably, when bequests are made to children there is an
additional stipulation that if a particular child predeceases,
or does not survive the period of thirty days after the testator’s
passing, then their inheritance would pass down to their children
(the testator’s grandchildren).
To contact the author, please email disrael@smhilaw.com
The information contained in this message is general
and should not substitute for the advice and counsel of
a licensed lawyer. |
