Does only surviving child inherit from Father if other child died before him?
Full Question:
I am 53-year-old resident of Aspen, Colorado. My father passed away last week owing to his long term old age ailments. Our mother passed away 6 years ago. I had a younger brother who passed away and is survived by his wife and son. My father did not have a will or last testament. How will his property divulge on us surviving members?
12/16/2016 |
Category: Wills and Es... ยป Intestacy |
State: Colorado |
#28235
Answer:
“Any part of the intestate estate not passing to the decedent's surviving spouse under section 15-11-102, or to the decedent's surviving designated beneficiary under section 15-11-102.5, or the entire intestate estate if there is no surviving spouse and no surviving designated beneficiary with the right to inherit real or personal property from the decedent through intestate succession, passes in the following order to the individuals who survive the decedent:
(1) (Deleted by amendment, L. 2010, (SB 10-199), ch. 374, p. 1748, § 5, effective July 1, 2010.)
(2) To the decedent's descendants per capita at each generation;
(3) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives;
(4) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation;
(5) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents:
(a) Half to the decedent's paternal grandparents equally if both survive, to the surviving paternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation; and
(b) Half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives, or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation;
(6) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the manner as described in subsection (5) of this section;
(7) (Deleted by amendment, L. 2010, (SB 10-199), ch. 374, p. 1748, § 5, effective July 1, 2010.)
(8) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1672, § 4, effective July 1, 2010.)”
Per the above quoted provision, in the case at hand, the property would be divided among the descendants of the decedent, the two children he had. But, the younger is no more and is survived by his wife and son. Therefore, the property of the decedent would be divided equally between the surviving son and the deceased son’s son. The grandson gets the share that his father would have received had he survived.