0
Is one sibling predeceases a parent do their children get half or does the surviving sibling get all the inheritance?
Wiki User
∙ 13y ago
That would depend on either (a) a will, or (b) state laws of intestacy, or (c) both of the above.
Generally:
A properly drafted will gives instructions in that situation by making the gift per stirpes (see related question). If that instruction was inadvertently omitted from the will not there may be a statutory provision that will pass the share to the children of the deceased beneficiary. If none of that happens the legacy will lapse and become part of the residue of the estate.
In a properly drafted will a residuary clause directs how the residue (any property not specifically devised) will be distributed. If there is no residuary clause the remaining estate will pass as intestate property according to the laws of intestacy in your state.
If the decedent had no will the property will pass to the next of kin according to the state laws of intestacy and the children would inherit the share of their deceased pare
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Who is considered next of kin of a deceased person?
Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.
Who is first in line for inheritance a child or sibling?
A child.
If sibling and you are remainders of the estate and sibling dies then who owns the estate?
You need to consult with an attorney who can review the title and how it was created. If the sibling was unmarried and without children their interest may pass to you. However, you may need to probate their estate. If there is a surviving spouse or children of the deceased sibling the situation becomes more complicated. The attorney can advise you of your options under your state laws.
Is there taxable income on money received from the sale of a deceased sibling's house?
That depends on the laws of the county in which you and or your sibling reside. In some countries there is an inheritance tax that may have to be paid.
Can a sibling sue another sibling for interference with inheritance?
That's the decision of the executor of the estate. If the other siblings want to keep the property, they would have to pay the other for their share.
Who is John F Kennedy's last living sibling?
Ted Kennedy is the last brother, but he has several sisters.
Can your sibling be your relative?
Yes! They are called your 1st relative! I feel bad for people who don't have a sibling! :-(Also, ask What do you call your children's children's children to answers!
Did ted Kennedy have any other sisters alive?
As his death, his last surviving sibling was Jean (1928-).
In Texas if there is no will the home of the deceased with no surviving relatives except two siblings One has passed away Does the sibling who has passed children now have a right to claim?
The Texas intestacy law will be applied. In most cases the estate will be split.
How are cousins defined?
The children of a parent's sibling
Which sibling has legal control of an inheritance?
The one named executor. Otherwise, none of them have control and the court must appoint someone.
Does Pope Francis have a sister?
Yes, the only surviving member of his family is a sister, Maria Elena.
