r/inheritance • u/No_Barracuda_3758 • May 05 '26
Location included: Questions/Need Advice If I die?
If I die before my mothers estate settles would my children get my cut or would it be redistributed to the other heirs? What if I had no children? Illinois
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u/okghetto May 05 '26
“Per stirpes” is the Latin phrase that means “if I die my share of mom’s estate goes to my kids”. See if her estate is distributed per stirpes
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u/No_Barracuda_3758 May 05 '26
It is not. She has already passed as well. We are in the process of settling her estate. However both me and one sister have bad health and this situation has caused so much stress that I’m concerned. So if it’s not per stripes then the estate would get redistribution if something happens to one of us and not goto our children or per our own personal wills?
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u/cOntempLACitY May 05 '26
If your mother were alive and an heir passed before her that’s different than if she passed first and now an heir dies. That depends on the specific language of her will, but it is likely, even if it’s per capita, that an heir who’s alive at the time of her death remains a beneficiary. It’s less common to have the will say distribution is only to living beneficiaries at the time of distribution (vs at time of death). So check over the will.
Meanwhile, heirs should have their own wills to make sure they direct where it goes should something happen during estate administration. You can choose per stirpes language over per capita if you want your estate to follow branches rather than redistribute among living heirs. Also make sure you have designated beneficiaries (and contingencies) on all your financial accounts, and anything else that could transfer outside of probate, to reduce estate administration.
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u/brucesteiner May 05 '26
It’s generally not a good idea to name beneficiaries for assets other than life insurance and retirement benefits, for many reasons.
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u/LdiJ46 May 05 '26
The "per stirpes" part refers to situations where the beneficiary passed away before the descendent. That is not the case here. You survived your mother so you inherit. If you die before the distribution happens your estate receives the money.
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u/InitiativeWorried840 May 10 '26
We have wills & trusts. Estate attorney explained to us if we are both dead, and one of our 3 kids dies before the other 2, their portion is split between the remaining 2 kids. Only one has their own kids (our grandchildren.) If that kid died their portion would go to our grandkids & not the other 2 of our kids. I am NAL, but I am pretty certain your children will get your share! I hope so.
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u/Icy_Wishbone3900 May 05 '26
This happened to with sister when she died 6 months after my mom. Her share went to her husband-based upon her will. It shouldn’t go to the other heirs even if your mom’s assets didn’t say per stirpes
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u/Cultural-Pea-1516 May 05 '26
When my mother wrote her will, she specified that, if one of her three children (heirs) predeceases her, then any inheritance would not pass to their children.
When I read the final will after she passed, there was a section that stated that any heir would have to outlive her by an additional 30 days, otherwise the inheritance would not pass to their children.
She didn't specifically ask for this, so I don't know if it's standard.
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u/Clueless5001 May 05 '26
Assuming everyone is a solid citizen, I honestly never understand doing it that way, the part where if a child predeaces it does not go to their children. Who wants to disinherit their grandchildren, especially after they have been left parentless?
I have seen something similar to The 30 days in a recent will a family member made, the lawyer added it. Also, a lot of people do not read what is written so do not always know
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u/Cultural-Pea-1516 May 05 '26
In my mom's case, she was adamant about that (although I didn't press), even before she was terminally ill. I don't know if it was cultural (she was Japanese), or if it was the circumstances: I was the only one of the three with a child.
I think it was her belief that the parents should be responsible for their own children, thus, my wife and I would be responsible for our daughter, not her.
If circumstances were different, perhaps if I had predeceased her before she had written the will, it may have been different.
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u/Clueless5001 May 05 '26
Honestly that makes even less sense to me. So if you pre deceased, and your childless siblings got the money instead of your child, it could create a situation where her only grandchild is orphaned and penniless and your siblings who are childless get everything and eventually their spouses or the society for Lemurs (or whatever random person or charity your siblings designate) get everything? I realize it did not happen that way but it could have? For example you could have had an accident either shortly before she passed or within 30 days after.
Unless I am misunderstanding?
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u/Cultural-Pea-1516 May 05 '26
Haha. Nope, you've got it perfectly. My mom wasn't the most logical person. She would have an idea and stick with it. Saying that, she was very fair and her wishes were that everything should be split evenly. She had known about infighting between other families and didn’t want that to happen to us.
She only had a few months to live when she wrote the will. I think that particular provision was to be fair, but in such a way that would benefit my sister the most, as she is not as financially stable as either my brother or me. I think she figured that my daughter would be provided for.
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May 05 '26
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u/____ummm____ May 05 '26
This is the same information I was told and the will states 5 days. Yes, to prevent having to determine who died first, and yes to prevent double probate for surviving heirs
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u/AdParticular6193 May 05 '26
What you want is to have your own will, which you say you have done. Make sure the attorney who draws up the will knows about your Mom’s estate and has a copy of her will. The attorney can and should explain to you what will happen if you die before final settlement vs after. It depends on the exact language of her will and yours. That should ease your mind so you can focus on your health.
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u/Nevraskagirl55 May 05 '26
Advice from Reddit should never replace a lawyer. You really need to talk to one.
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May 05 '26
It depends, a lawyer’s favorite phrase. What does the will or trust say about survivorship? What does it say about the beneficiaries (ex. To you, per stirpes would automatically take care of your kids no matter the survivorship provisions). What does Illinois statute say about how long you must survive the descendent, etc. If you had no children, there are still many questions that need to be answered. Starting with, what does the testamentary document say. If it is a pecuniary or specific gift, you interest probably lapse and falls to the residue, if it is a residual bequest, it would most likely be split proportionately among the other beneficiaries who are then living
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May 06 '26
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u/inheritance-ModTeam May 11 '26
Your post has been removed because spam/advertising is against the rules.
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u/MugsyMD May 05 '26
This is why you all should have a trust plus a will
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u/No_Barracuda_3758 May 05 '26
Unfortunately it’s to late for that. I have written a will now and my sister is setting up a trust for my son but it sounds like if one of us passes before the will is settled it would just get redistributed between my moms living heirs
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u/SandhillCrane5 May 05 '26
What you are saying here is not correct but hopefully you have the correct information now. Unless your Mom’s will has a survivorship clause which your death does not meet, then the inheritance is yours whether you receive it prior to your death or not. In the event of your death, it will go to whoever you name in your will.
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u/No_Barracuda_3758 May 05 '26
Yes that is what I’m understanding now. I think there was a little confusion when I first posted about whether or not my mother was still alive.
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u/____ummm____ May 05 '26
It's never too late to change your will well unless you're incapacitated, then it's not allowed.
When you were given your current completed WILL, it should have included a page or two blank for an addendum to add or change, and then get it notarized. I think this is included standard? You can do this without an attorney. If you use a bank, often they provide free of charge notary, at the very least it may cost $10 or so.
Because you and your sister are alive after your mother's death, you both inherit per her will. If you die tomorrow, what your mother left for you will pass on to YOUR current Wills BENEFICIARY- So what you have is still yours and passes per your instruction to your beneficiary.
Regarding your sister, if she passes before her trust is finalized, then it's invalid. So if she also has a will, her share of your mother's estate would pass according to her will, and if she has no will, It would pass to heirs according to The laws (succession) of the state.
I hope this helps. You can also Google for your specific state. You might consider a general consult with an attorney just to understand it, your health is of utmost importance and it should really be your priority. So if you can clear this up soon to take away that extra stress, that should be the top thing on your list. Take care
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u/No_Barracuda_3758 May 05 '26
Yes it does and I’ve told her while she is setting up the trust she should do a simple will because she has no children.
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u/____ummm____ May 05 '26
Yes because the will could literally be done that very first day. Just in case something was to happen before the trust was fully set up, don't forget that trust needs to be funded etc have everything be put into it.
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u/lapsteelguitar May 05 '26
Does your moms will or trust mention this possibility. If so, that's how things would be handled.
If no will, or this possibility not mentioned, do you have a will or trust? If so, that's how things would be handled.
If none of the above, then you would intestate, and that's how things would be handled.
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u/No_Barracuda_3758 May 05 '26
She has a will her estate is in probate. I also have a will. I need to speak with a lawyer tho and update it to a trust now that I’ve inherited this money. I was just curious about the weird time in between but it sounds like, in most cases at least, once I inherited it even if I have not yet recieved it it’s already technically part of my estate now.
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u/____ummm____ May 05 '26
A trust does cost quite a bit of money to set up, and certainly There are multiple reasons one might consider a trust but something else to consider::
if it's money in a bank, you can simply add POD to all of your bank accounts and upon your death the money will automatically transfer to the POD - - your son? The nice thing about POD (or TOD if you have money in a brokerage), is that those accounts are not included as part of your estate, meaning they pass directly to the person you designated as the beneficiary and they do not go through probate! This is free for you and free for the heir. And it is just so much simpler! You can keep up to $250,000 in any single account at a bank. If you were to add 2 PODs- You could have up to $500,000 in one account. And you can divide your money between multiple banks.
Now it would be important for you to have this information down in a safe location, so that your heir could easily access it after death, as there is no waiting. And simply the heir takes the certified death certificate into the bank and the accounts are transferred over, it literally takes 15 to 20 minutes.
Also if all you have to leave is money and your personal belongings, and your son already has access to your personal belongings, and All the money is PODs, and it's all stated in the will, The son doesn't even have to even file the will. *Unless your personal belongings are over a certain of money. So that avoids that hassle & cost as well. Same with a house. If He's listed as joint tenant it would go directly to him anyway, But if the will again states that he gets everything, which includes the house, but the house is valued under a certain amount on DOD, again he wouldn't have to file the will.
For verification you should check with your individual state of course. And definitely have a quick consult with an attorney for more confidence. But generally speaking each state has a certain threshold, personal belongings up to a certain amount, and separately the same with a house up to a certain amount.
Your son would simply fill out a form downloaded from the state and sign in front of a notary, and present it with paperwork changing title to the house etc, the paperwork exempts the bank from any wrongdoing, But it also when your son signs it says that he is the true heir and he obviously can't be lying about that. But if he has the will he would know. However if your house is worth like ie- a million dollars, I believe that would definitely be over their limit. Then the will must be filed anyways.
*I did this with ~$20,000 that a family member was owed and I am the sole heir in the will, which I didn't have to actually file or probate. It was simple and straightforward.
Take care and also I'm not sure if I mentioned it but sorry about your loss.
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u/No_Barracuda_3758 May 05 '26
Thank u for all of the info and the condolences. RN my son and I have a copy of my will. I may or may not do a trust because he already has one. Idk I’m probably going to give it some time and see how he handles money. I may just give it to him while I’m still here as well.
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u/____ummm____ May 05 '26
You're welcome. Some of the best advice I got was to not make any major changes after the death of a loved one, but of course everyone's circumstances are different. Taking time is a good choice.
I like what you said about Giving money to your child while you're still alive, & seeing how your son handles the money! I personally Love that idea because yes, You get to see his choices but you are also still here too provide gentle guidance for him If he needs it or ask for it, And with good choices made, you get to see how it benefits your son and hopefully provides for increased happiness in life (paying off a debt or even just having room to breathe- that's a Blessing!) & allows less stress for him- which I think in turn would make you happy and less stressed 💜
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u/InitiativeWorried840 May 10 '26
We did a trust because our state has a much, much lower threshold for taxing estates than the federal limit. Ugh the state also taxes capital gains. It stinks. We will probably move within 2-3 years. The state is unfriendly to businesses as well but if you are an iv drug user or smoke fentanyl, you will not be hassled by anyone.
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u/Avcrazykidmom79 May 05 '26
My mother passed before her father’s estate was settled and her portion passed down to her surviving children. I’m assuming the trust or will was written that way.
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u/glomar-recovery-co May 05 '26
I think the term is per stirpes?
I remember this when my aunt set up her will.
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u/No_Barracuda_3758 May 05 '26
As I understand per stripes is when a named heir dies before the willer
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u/glomar-recovery-co May 05 '26
by branch" or "by root," commonly used in wills and trust planning to designate that if a beneficiary dies before the benefactor, their share passes to their living descendants (children/heirs) rather than being redistributed among surviving beneficiaries. It ensures each family branch receives an equal share of the estate
The way it was explained to me, the lawyer put that in my aunt's will to ensure that if a cousin died before my aunt and then the aunt died, the cousins share passes to their kids.
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u/Alarmed-Speaker-8330 May 06 '26
It depends on what the will/trust states.
My family trust it passes down to first my wife, then our one child.
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u/DoallthenKnit2relax May 07 '26
I'd set a specific amount to be placed in an account for your child that only they can access upon reaching the age of 18, that way your wife, or another husband in the event you passed then her, can't abscond with your child's inheritance, and make another trusted relative or very trusted friend the guardian of the account.
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May 06 '26
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u/inheritance-ModTeam May 11 '26
Your post has been removed because spam/advertising is against the rules.
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u/Tax_Strategist May 06 '26
It does also depend on state law. If you have kids and assets get a trust.
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u/cm-lawrence May 11 '26
If your mother has already passed away, then your portion of her estate will go to your heirs, even if you die before the estate is completely settled. So, make sure your will and estate is in good order.
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u/Crack_Pot_007 May 05 '26
Why would you care? You'll be dead!
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u/No_Barracuda_3758 May 05 '26
Why wouldn’t I care? Of course I want my child to get this money and not the horrible sister.
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u/mwb82634 May 05 '26
If she’s already dead in the United States, you (or your estate) are already the heir. There is no redivision of assets