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It depends on how the will was written. There may be a survivorship clause. This would indicate that someone had to survive the deceased by a certain number of days in order to inherit. It was intended to avoid having estate monies going through probate twice in one years.

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Q: If one of the executors of the will dies before the person who made the will and he is also a beneficiary does his share go to his wife?
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Do i need executors permission or probate to sell my share of inherited property?

You have to have the rights in the property before you can sell them. Being a named beneficiary does not give you the right to transfer title, though you could quit claim your rights.


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Does an executor need signatures from his siblings to release his property share?

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Does the person who is named beneficiary on a life insurance policy have to share the money if the other two beneficiaries die but have children living?

Possibly yes. That depends on whether a tenancy was also recited. Generally, if the three who were named as beneficiaries were to take as "joint tenants" then the share of any deceased beneficiary would pass to the other beneficiaries. If the document was silent as to a tenancy then generally, the share of a deceased beneficiary would pass to their own heirs.


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In CA If a beneficiary dies after the original truster but before the final sale of the property does his share of the estate go to his surviving spouse or to his children?

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