Q: My great-aunt's will left a piece of property to her siblings, specifically stating that if any of them died BEFORE she
did then that siblings portion would go "back into the pot" so to speak and be shared equally between the surviving siblings upon my great-aunt's death. If one of those siblings has died, but did not die BEFORE my great-aunt, would that sibling's portion then go to their child after their death?
A:
In Tennessee a devisee must survive the testator by at least 120 hours in order to inherit, unless there is a longer survivorship requirement stated in the will. If there is no survivorship period stated in your great aunt's will, and if the sibling survived your great aunt by at least 120 hours, then the surviving sibling's share goes to the sibling's estate, to be administered according to the surviving sibling's will, or if the surviving sibling did not have a will, then according to the laws of intestate succession.
It is not possible to answer your question about who inherits from the surviving sibling without reviewing the surviving sibling's will or, if the surviving sibling did not have a will, then without more information about what relatives survived the surviving sibling.
Anthony M. Avery agrees with this answer
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A: It appears that the deceased sibling's Executory Interest did vest into a Remainder Interest as a Tenant In Common. Unless there are other conditions, or the Title was not as you assumed, then the sibling's issue take his interest at his death.
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