Q: 3 children are on will for dad's estate 1 has passed on with no will of his own is his daughter entitled to his part
My dad who is still alive doesn't want her to have anything to do with will or benifit
A:
The answer depends on what your father's Will says on the subject. Without seeing the Will it is impossible to say. The Will might include language to deal with this type of situation, i.e. on of the named beneficiaries dying before the maker of the Will. Generally, a bequest in a Will does not survive the death of a beneficiary before the maker of the Will. Some Wills say that if, as in your case, a son dies first then her share goes to his children. Some Wills say that it would go to the then living children.
To know for sure would require a review of the Will. If, under the Will, your niece would get her father's share, and your father did not want that to happen, then your father might want to consider making a new Will to make sure his wishes are followed.
A: Depends on the terms of the will. If it says per stirpes, then yes she gets it. Just amend the will to make it clear, or deed the house now to remove all doubt.
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