How best to provide for distribution of a Will if one of the beneficiaries pre-deceased the maker and has no children?
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How best to provide for distribution of a Will if one of the beneficiaries pre-deceased the maker and has no children?
A Will is being written that will divide the estate equally among 4 children to be paid out on a per stirpes basis. One of the children has no children of her own.Can the maker of the Will stipulate that if the child that has no children of her own pre-deceased him, then the portion that would have gone to her could go to her estate to be distributed according to the terms of her Will instead of being distributed to the remaining 3 children (or their children)?
Asked on January 30, 2014 under Estate Planning, Colorado
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 10 years ago | Contributor
You could have the will give the predeceased child's share to the heirs named in the child's will. This is called a power of appointment (the child is given the power to appoint who will receive a portion of the parent's estate). But most people would want to avoid doing this. After all, the inheritance would not do the predeceased child any good, and it could end up going to someone outside the family. I encourage you to talk to an estate planning lawyer about your situation. There is probably a better way to do what you are trying to accomplish.
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