Will my children get my inheritance from my father if I die before him?

My father has a will. His will states when he passes, my two siblings and I will each get an equal share of his money. He does not mention anything about his grandchildren or what would happen if one of his children passes before he does. If I pass before my dad, when he passes will my share of the inheritance from him pass down to my children (my will states everything goes to my children) or will it be split between my two siblings? In this case I am assuming he does not change his will after I die.

ANSWER BY MARGARET CROSS-BELIVEAU:

While the will may not use the word “grandchildren”, it could have used legal phrases such as by right of representation, per stirpes, or per capita.  The first two will pass your share down to your children the last one will have the assets shared amongst the then living children.

If his will doesn’t mention any of these options or have an article on what happens if a minor inherits, take him to a reputable attorney and have the will redrafted.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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