What Happens To A Gift To A Group?

Robert Ray

willthumbnailChildren or Siblings

If a person dies intestate then all states have a statute that sets out who inherits. If a person dies testate the will sets out who inherits. In either of these cases, what happens if some of the people in the statute or in the will are alive and some are dead? How is the estate divided?

Some Survive and Some Don’t

This question is determined in Texas by another statute that says when a group, i.e., children, siblings, etc. would take under the circumstances, the estate will be distributed Per Capita. So, let us assume that a person dies with no will and no spouse but has five children who are all living. The children will each take an equal share per capita. The same is true if a person dies without a wife and children but leaves brothers and sisters who are all alive. However, if in the example, some of the children are living but others are dead or if some of the brothers and sisters are living but some are dead, the distribution changes. In these last two cases, the statute provides that the surviving children or the surviving brothers and sisters would each inherit one share, per capita, and the descendants of the deceased children or deceased brothers and sisters would divide the share that would have gone to their parent, per stirpes. If the deceased child or deceased brothers and sisters didn’t have descendants, their share would be distributed to the remaining children or remaining brothers and sisters.

The thing to remember is that if there is any living person in a generational level, that person gets a share per capita and everybody else takes per stirpes. EC201.101.

If This Post Was Helpful

Please consider sharing it on Facebook, Twitter, Google+ or Linkedin by clicking the buttons.

Contact Us.

By Robert Ray a Board Certified attorney. The foregoing information is general in nature and does not apply to every fact situation. We handle litigation involving inheritance disputes. We don’t prepare wills. We don’t file wills for probate or distribute estates except when we are contesting a will or protecting a will from a contest. We handle a select few cases on contingency. Don’t use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

The slayer rule doesn’t always apply

The slayer rule doesn’t always apply

Texas Slayer Rule Recent UK case on the Slayer Rule The Texas Slayer Rule is different from other state's and countries' rule but has procedures to accomplish the same end result. See this discussion. The Texas Slayer Rule is a rule that court's use to prevent a...

A Gift of “Personal Property” Means all but Real Estate

A will left some specific items to individuals, left "all household and personal property" to Vargas then left a residuary clause. The estate consisted of about $290,00 in bank accounts, stocks, cars and household furnishings. Vargas contended that she received...

Podcast – revoking a will in Texas

Podcast added! The topic is "Revoking a will in Texas" Whether a will has been revoked or not is an issue that comes up in will contest. A recent Texas case showed some of the problems that can arise when one party claims that the will has not been revoked and the...

Podcast – improper signing of will

Podcast added! The topic is "Will Contest - improper signing of will" Wills are sometimes contested because of a problem in the way the will was signed. This is often referred to as the execution of the will. In this podcast we are going to talk about the very basic...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2023 | All Rights Reserved.

Pin It on Pinterest

Share This