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If an heir stated in a will had already passed on does that heirs family get his share or does it go back to the estate?
Wiki User
∙ 15y ago
That depends on certain details. A well drafted will makes provisions for any devise made to a beneficiary who predeceased the testator. If the will does not contain alternative provisions then the gift lapses and becomes part of the residuary of the estate. The residuary estate is all the property that was not specifically devised in the will. A well drafted will contains a residuary clause that directs how the residuary estate will be distributed. If there is no residuary clause in the will then any leftover property will pass as intestate property according to state laws of intestacy.
Wiki User
∙ 15y ago
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