This is an estate probate question???

Question

If someone dies without a will, and there are three heirs left. One of the heirs dies before probate closes, and the estate funds are disbursed. Would the estate funds then be divided between the two heirs two ways, or would the heir that died children and husband get her share? Best answer gets 10 points. Thanks!!

This is a question regarding California law. If probate has not closed yet, and one of the heirs dies before then, I would think that the money would would then be split two ways between the two living heirs, only because probate had not closed yet, before she died. If probate had closed then I could see how or why the third heirs family would get the money instead of the two living heirs.(her share that is)

Answer 1

Depends on if the original bequest was per stirpes or individual

Suppose that the testator is A, whose will specifies that his estate is to be divided among his descendants living at his death in equal shares per stirpes. A has three children, B, C, and D. B is already dead, but has left two children (grandchildren of A), named B1 and B2. When A's will is executed, under a per stirpes division, C and D each receive one-third of the estate, and B1 and B2 each one sixth, because their "branch" of the family has received one equal share. Under a per capita distribution, each of the surviving descendants B1, B2, C, and D would have received one quarter of the estate.

Answer 2

It depends on what jurisdiction (i.e. state) you're in. It's called "Taking by representation." Example: Decedent (D) has one deceased child, A. A has two children, A1 and A2. Three methods:
1) English Per Stirpes
a) Rule: Divide the property into as many shares as there are living children of Decedent + deceased children who have living children.
b) Divisional level: Always the level just below D. So, A1 and A2 each get ¼.
2) Modern Per Stirpes, CA (Per capita with rt of representation)
a) Rule: If there are children alive, divide shares same as English. If no children alive, estate is divided equally at the first generation where there are living takers.
b) Divisional level: initial division of shares is made at level where at least 1 descendent is alive. A1 and A2 still get ¼ and ¼.
3) Per capita at each generation (UPC)
a) Rule: initially divide at the first level where someone is alive. The rest goes into hotchpot and is dropped to the next level, where it is divided equally.
b) Divisional level: where someone is alive.

Answer 3

it is actually the choice of the state hearing the case
but it will probably be split 3 ways, with the share of the deceased heirs share being split with his/her heirs

Answer 4

i think of probate is the legal or courtroom approach of organising the cost of a deceased's sources. His/her sources much less liabilities. It additionally establishes who's/are the legal representatives of the deceased. contained in relation to a individual who dies leaving a will this may well be those human beings distinctive interior the will and agreed with the help of the courtroom. they're the executors or executrixes. the place the deceased left no will (intestate) directors may well be appointed (frequently next of kinfolk). the cost of the valuables is calculated and agreed with the help of the courtroom extremely for tax purposes.

Answer 5

That depends on the intestacy laws of the state in which the first person died (the one who died without a will).

Answer 6

depends whether the third dead heir left a will!

Answer 7

Best answer: Consult an estate attorney. State laws vary. anything that we say would be a guess.
Two points, please.