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dying before an inheritance pays out
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September 21st 08, 09:00 PM posted to uk.legal.moderated
Mark Goodge
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Posts: 2,074
dying before an inheritance pays out
On Sun, 21 Sep 2008 17:25:12 +0100,
put
finger to keyboard and typed:
A relative inherited a large sum of money but died before the money
was actually paid out (some nine months later). What happens to this
money?
It's part of his estate, and hence goes to his own heir(s).
Inherited property doesn't need to have been physically transferred
(or money paid into a bank account, etc) in order to be owned by the
legatee. Transfer of title is instantaneous on the death of the
testator. All that the process of probate, etc, does is to determine
what has actually transferred.
This is often relevent in the kind of situation where, for example, a
married couple are involved in an accident in which one dies
immediately at the scene and the other some time later. If both were
intestate (ie didn't leave a will), then the second to die - even if
only second by a few minutes - will inherit all the property of the
first to die, and then that property will in turn go to the heirs of
the second to die. If their family circumstances are dissimilar (eg,
if one has other children from a prior relationship, but the other
does not), then the sequence of deaths can significantly affect who,
of the surviving relatives, gets to inherit the money.
Mark
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