Legal Question in Wills and Trusts in California
wills, beneficiaries
If there are 3 heirs to an estate in California and one of them dies before the estate in distributed, does the money go to the dead heirs' child and husband or do the other original heirs just get a larger share?
Thank you
2 Answers from Attorneys
Re: wills, beneficiaries
The answer depends on the will in the estate being probated, but the most likely outcome is that the deceased heir's portion will go to the people named in her will or trust. If she didn't have one, it will likely go to her heirs (in California, if she had one child it would be given half to the child and half to her husband). Still, you'll need to look at the will in the original probate to be sure.
Re: wills, beneficiaries
The "short" answer is that it goes to the dead heir's child and husband.
But that doesn't happen automatically ... depending on the size of the inheritance, the dead child's estate might need to be probated (if the inheritance is worth more than $100,000). If the inheritance is worth less than $100,000 then it can be transferred using a "small estate affidavit".
Good luck.
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