Q: My Mother's Will divided assets between my sister and I but my sister died before my mom. What happens to her portion.
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A: In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary predeceases the testator, often directing that the deceased beneficiary's share goes to their descendants or back into the estate to be divided among the surviving beneficiaries. If the will does not specify what happens or if the provisions are unclear, South Carolina's anti-lapse statutes may come into play. These statutes often allow the deceased beneficiary's share to pass to their descendants. However, if no such provision applies and the anti-lapse statute does not apply or does not resolve the issue, the deceased beneficiary's portion could revert to the estate and be distributed according to the residuary clause of the will or, in the absence of such a clause, according to the state's intestacy laws.
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