Legal Question in Wills and Trusts in Virginia
If there are 2 deceased children listed in a will along with 4 surviving children then who gets the deceased part of the estate?
Asked on 10/06/10, 4:21 pm
1 Answer from Attorneys
Paul B. Ward
Law Offices of Paul B. Ward
That depends on the language in the will. If the bequest was to the children, "if living", then the shares of the deceased children go to the surviving children. If the language is different, for example to the children and their heirs, the grand children of the deceased children could inherit.
Answered on 10/12/10, 4:39 am
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