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My mom just passed away. Her will left all her money to her children. Prior to my mom death one of her children died. My mom

Phoenix, AZ |

never changed her will. Would her inheritance get divided among the remaining children or is the deceased child's son entitled to the deceased child's share.

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Attorney answers 3

Best Answer

It depends on the wording of the Will. Normally, this would be clearly spelled out in the terms of the Will. If it is not, then you would need to look to state law. If it is not clear to you what the Will provides, I would strongly suggest that you take it to a probate attorney. The attorney will be VERY familiar interpreting Will provisions and can likely give you precise direction on what needs to be done.

I am very sorry for your loss.

James Frederick

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I agree with attorney Frederick. Usually a will will indicate whether children receive an inheritance per capita or per stirpes. Per capita means the living children inherit, while per stirpes leans the children inherit through representation. If a child dies but leaves heirs, those heirs inherit their parent's portion of the inheritance. It is up to the personal representative to reflect your parent's wishes as expressed in the will. Good luck.

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I agree with the two other answers so far. But I'll just add that the answer truly depends on the facts. The first place to look is the Will. (If there is any ambiguity in the Will, then perhaps the Personal Representative would have to file a Petition for Instructions with the probate court. I have rarely had to do that for my clients.) As previously mentioned, if the Will does not answer the question (by referencing "per stirpes" or "per capita") then you would have to look to the Arizona Probate Code (Title 14). Good luck, and I'm sorry for your loss.

I am only answering this question as a service to Avvo, and I am not giving specific legal advice.