Ask a Lawyer - Archive

Three beneficiaries were left to split a property equally. One beneficiary, who has no spouse or children died intestate, without receiving his share of the property. Are the other 2 beneficiaries obligated to give his share to his siblings and surviving parent? How strong of a case does this surviving family have?

There are a few factual issues that need clarifying. First, were the beneficiaries siblings or otherwise related? Second, did the beneficiary who died survive the decedent? Assuming that the three beneficiaries were not related, and that the beneficiary survived the decedent, then his share becomes part of his estate. Because he died intestate his estate, including the undistributed property, belongs to his heirs at law. Because the beneficiary was survived by a parent, but no spouse or children, the parent gets all of the beneficiary's share.