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What happens if a beneficiary dies before probate is completed?

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dragonrider99

Junior Member
What is the name of your state? Massachusetts

Gretings all. My wife asked me to write concerning a question she has. Her mother is a beneficiary of a cousins estate. Her mother is in poor health and may pass away before receiving her share of the estate. The mother is upset that if she passes before the estate is settled, that her 2 children will receive nothing from it. Is this true? If a beneficiary passes away before probate is completed, does her "share" pass to her estate? Is it instead simply divided up between the remaining beneficiaries? Is there anything that she can do to protect her share of the estate?

I hope I have explained myself correctly. Thanks for your help and I look forward to any information that you can provide.What is the name of your state?
 


BelizeBreeze

Senior Member
What is the name of your state? Massachusetts

Gretings all. My wife asked me to write concerning a question she has. Her mother is a beneficiary of a cousins estate. Her mother is in poor health and may pass away before receiving her share of the estate. The mother is upset that if she passes before the estate is settled, that her 2 children will receive nothing from it. Is this true? If a beneficiary passes away before probate is completed, does her "share" pass to her estate? Is it instead simply divided up between the remaining beneficiaries? Is there anything that she can do to protect her share of the estate?

I hope I have explained myself correctly. Thanks for your help and I look forward to any information that you can provide.What is the name of your state?
The property would be disposed of as if the heir did not die unless there is a specific provision written in the will stipulating that should one heir die their portion reverts to the estate to be divided among surviving heirs.
 

dragonrider99

Junior Member
So..... If my wife's mother dies before probate is completed, barring any stipulation otherwise in the will of which she is a beneficiary, her share will pass to her estate, meaning her children.

Is that correct??

and....

Thanks much.
 

moburkes

Senior Member
So..... If my wife's mother dies before probate is completed, barring any stipulation otherwise in the will of which she is a beneficiary, her share will pass to her estate, meaning her children.

Is that correct??

and....

Thanks much.
BB will be back, but just like the cousin's estate is being processed through probate, your MIL's will need to go through probate, too, right?
 

dragonrider99

Junior Member
Ok... I'm a bit confused now. Yes, I am sure that my MIL's estate will also go through probate, which is fine. There are only 2 children involved and it should be painless. The question I need to understand the answer to is whether her estate will receive her share from her cousins estate, if she dies before the estate is disbursed.

Am I making sense?
 

BelizeBreeze

Senior Member
Ok... I'm a bit confused now. Yes, I am sure that my MIL's estate will also go through probate, which is fine. There are only 2 children involved and it should be painless. The question I need to understand the answer to is whether her estate will receive her share from her cousins estate, if she dies before the estate is disbursed.

Am I making sense?
I answered that already. Unless there is a provision in the will which precludes pre-deceased heirs from inheriting, yes.
 

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