one child named in parent's will predeceases the parent

[artm123]

What is the name of your state (only U.S. law)? Minnesota

I have two adult children who are named to share equally in my estate upon my death. If one of the children predeceases me would that child's half of my estate automatically pass to his/her grandchildren in equal shares? If not, what would the automatic provision be? Would the entire estate go to the one remaining child?

 

[Zigner]

What is the name of your state (only U.S. law)? Minnesota

I have two adult children who are named to share equally in my estate upon my death. If one of the children predeceases me would that child's half of my estate automatically pass to his/her grandchildren in equal shares? If not, what would the automatic provision be? Would the entire estate go to the one remaining child?

It seems that you are still with us. You can (and should) make your wishes known for this sort of thing.

 

[LdiJ]

What is the name of your state (only U.S. law)? Minnesota

I have two adult children who are named to share equally in my estate upon my death. If one of the children predeceases me would that child's half of my estate automatically pass to his/her grandchildren in equal shares? If not, what would the automatic provision be? Would the entire estate go to the one remaining child?

State law does vary quite a bit on that sort of thing. The better way to handle it is to revise your will to state that if one of your children predeceases you that their share would go to their heirs. You can do the same thing with life insurance etc., by changing the beneficiary to your estate, rather than to individuals.

Of course, you can also keep on top of things by making changes to your will as changes in life happen, but sometimes changes in life happen on top of each other and that can get problematic/complicated.

 

[anteater]

What is the name of your state (only U.S. law)? Minnesota

I have two adult children who are named to share equally in my estate upon my death.

If your will was prepared by an attorney, there is a good chance that it already contains language dealing with the possibility, even though you may not recognize it as such. If it doesn't, then have your will revised to cover this possibility.

But, if your will simply does not provide for the possibility of a predeceased beneficiary, then MN's antilapse statute applies:

524.2-603 ANTILAPSE; DECEASED DEVISEE; CLASS GIFTS; WORDS OF SURVIVORSHIP.

Subdivision 1.Deceased devisee. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if the devisee predeceased the testator, the issue of the deceased devisee who survive the testator by 120 hours take in place of the deceased devisee. If they are all of the same degree of kinship to the devisee, they take equally. If they are of unequal degree, those of more remote degree take by representation. A person who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee for purposes of this section, whether the death occurred before or after the execution of the will.

Subd. 2.Definition. For the purposes of section 524.2-601, words of survivorship, such as, in a devise to an individual, "if he or she survives me," or, in a class gift, to "my surviving children," are a sufficient indication of an intent contrary to the application of this section.