No will

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If an heir dies before an estate is settled, does his share go to the other heirs or hours wife?

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Posted by Anonymous
Asked on October 17, 2019 9:21 am
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Great question. The only way to answer this question is to have more facts. First, you must look to the underlying estate plan of the person that devised to the heir. If a survivorship period is required, then the heir must survive for that period. If there is no period that was set forth, then state law would control.

Next, if the heir is entitled to an inheritance, (and there is a big "if" in this case) then you have to look to the heir's estate plan. If there is no estate plan (no Will), then the state's intestacy laws would take over. If we are talking about Colorado, then depending on the size of the estate you must probate the heir's estate.

Assuming that the heir is entitled to the inheritance, and the heir is governed by Colorado probate law, then you can determine to which of the heir's heirs (i.e. the spouse) would receive the inheritance.

So, I can't answer your question directly because have too little information, and when an heir dies during a probate makes it a complex case. For example, when did the heir die? When you say "no will" who has no will? The first person that died or the second, or both? Which state was each party in when the died?

In a case like this, the personal representative (executor) has a lot of liability to handle the transfer properly. Otherwise, the personal representative can be liable to the "other heirs" or to the "heir's heirs" for improperly making a distribution.

As you would expect, I advise to speak with an attorney. Everything I mentioned here is general information and you should not rely on it to make a decision. If you would like to talk with me, call (303) 688-0944 and ask for a free initial consultation with Bill Henry.

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Posted by Bill Henry (Questions: 0, Answers: 7)
Answered on October 17, 2019 9:37 am