In Nevada, how is distribution handled when an heir predeceases and there is no alternative distributee named?

Asked almost 2 years ago - Reno, NV

My grandmother has a real property of minimal value in Nevada. She left a Will. I am attempting a Small Estate Set Aside. The will provides that grandma’s property be distributed to her spouse, but if he did not survive her, to her daughter (my mom). There is no alternative distributee identified in the event her daughter is predeceased. My mom did in fact predeceased and is survived by two daughters (granddaughters to decedent). Grandma’s will states that she has a daughter and two granddaughters, and we are named in that specific paragraph, but are not identified as successors to the estate if her daughter has predeceased. Does the failed transfer to decedent’s daughter, as a result of her having been predeceased, pass by law to the predeceased daughters issue? If not, to whom?

Attorney answers (2)

  1. Jonathan Craig Reed

    Pro

    Contributor Level 16

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    Lawyers agree

    Answered . Your question illustrates a poorly drafted will. I hope it was not written by an attorney. When I write a will or a trust, I spend a lot of time asking the client questions like, "I know you don't want to think about this and hopefully it never happens, but if your daughter and husband predecease you, who do you want to get your property?"

    In the case you write about Grandma's real estate does not pass under the will because the gift fails because no one who survived Grandma is named in the will.

    So what happens, is that the real estate goes to the "intestate heirs," the people who would inherit if there was no will. Assuming Grandma's parents, husband, and single child (your mom) all predeceased her, the real estate is divided evenly between you and your sister. So, yes, the real estate passes by law (thru the set aside probate process) to the predeceased daughter's issue in this case. BUT, if Grandma had left her real estate to a friend and the friend predeceased her and the will did not provide that the real estate to anyone else, then the real estate would have gone to blood relatives, not to issue of the friend.

    Finally, if Grandma had left real estate to any Person A, related or not, and Person A survived Grandma but died before the probate, then the real estate would go to Person A's estate.

  2. Howard Robert Roitman

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . The real estate goes to the "intestate heirs," the people who would inherit if there was no will.

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