Asked in Estate Planning and Probate

Q: Who becomes a beneficiary when the beneficiary of one persons will Dies before they do.?

My mother passed away befkfe my grandpa did. He also passed. Who becomes beneficiary and who is entitled to see the will

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2 Lawyer Answers
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Usually the heirs and next of kin of the deceased will beneficiary take in his place. If no will was probated, it has no effect. There the Heirs of Grandfather take.

Hunter Reed Sargent
Hunter Reed Sargent
Answered
  • Estate Planning Lawyer
  • Denton, TX

A: If the beneficiary of a person's will dies before them, the distribution of the deceased beneficiary's share of the estate will depend on the specific provisions of the will and the laws of Texas.

In some cases, the will may specify an alternative beneficiary or a contingency plan in case the primary beneficiary dies before the testator (the person who made the will). In this case, the alternative beneficiary would receive the share of the estate that was originally designated for the deceased beneficiary.

If the will does not provide for an alternative beneficiary or contingency plan, the deceased beneficiary's share of the estate would typically be distributed according to the laws of intestacy in the state where the deceased lived. In general, this means that the deceased beneficiary's share of the estate would be distributed to their heirs-at-law, which may include their spouse, children, parents, or siblings.

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