Richmond, VA asked in Civil Litigation, Real Estate Law and Probate for Virginia

Q: If an heir dies before the estate is settled leaving no heirs. Is the estate divided by the remaining heirs

Father of 4 passes away. Before his estate was settled 1 son passes away having no heirs. Do the remaining 3 heirs divide the fathers estate?

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: No. If the heir post-deceased, his share goes to his heirs or beneficiaries, who may be, but often aren't, his grantor's heirs.

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