[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/nmichlaw.com\/blog\/what-happens-if-a-beneficiary-dies-before-receiving-their-inheritance\/#BlogPosting","mainEntityOfPage":"https:\/\/nmichlaw.com\/blog\/what-happens-if-a-beneficiary-dies-before-receiving-their-inheritance\/","headline":"What Happens When a Beneficiary Dies Before Inheriting?","name":"What Happens When a Beneficiary Dies Before Inheriting?","description":"Crafting a will or making an estate plan is a responsible decision that gives you control over how you want your property and assets distributed after your passing. Most people draft an estate plan believing the beneficiaries they name will … Continue reading →<\/span><\/a>","datePublished":"2025-02-10","dateModified":"2025-03-27","author":{"@type":"Person","@id":"https:\/\/nmichlaw.com\/blog\/author\/nmichlaw\/#Person","name":"Alward Fisher","url":"https:\/\/nmichlaw.com\/blog\/author\/nmichlaw\/","identifier":10,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63071aa228c966abd886a2cbb647b07806c39706d3fbac14fe9c4c475edc7457?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63071aa228c966abd886a2cbb647b07806c39706d3fbac14fe9c4c475edc7457?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Alward Fisher","logo":{"@type":"ImageObject","@id":"https:\/\/nmichlaw.com\/wp-content\/uploads\/2021\/09\/logo-fisher.png","url":"https:\/\/nmichlaw.com\/wp-content\/uploads\/2021\/09\/logo-fisher.png","width":288,"height":103}},"image":{"@type":"ImageObject","@id":"https:\/\/nmichlaw.com\/wp-content\/uploads\/2025\/02\/What-Happens-If-a-Beneficiary-Dies-Before-Receiving-Their-Inheritance.jpg","url":"https:\/\/nmichlaw.com\/wp-content\/uploads\/2025\/02\/What-Happens-If-a-Beneficiary-Dies-Before-Receiving-Their-Inheritance.jpg","height":1000,"width":1000},"url":"https:\/\/nmichlaw.com\/blog\/what-happens-if-a-beneficiary-dies-before-receiving-their-inheritance\/","about":["Estate Planning"],"wordCount":537,"articleBody":"Crafting a will or making an estate plan is a responsible decision that gives you control over how you want your property and assets distributed after your passing. Most people draft an estate plan believing the beneficiaries they name will outlive them.Unfortunately, that is not always how things turn out, and sometimes beneficiaries pass before they receive their inheritance. Here\u2019s what happens in those circumstances.If the Beneficiary Dies Before the Will MakerA will is a legal document that allows a person to dictate how they want their property and assets to be distributed after death. The executor manages this distribution and is responsible for implementing the terms of the will. Beneficiaries are individuals or entities named in a will, estate plan, or other financial instrument who receive the assets of another person after the principal\u2019s death.So, who inherits when a beneficiary dies? When a beneficiary passes away before the individual who made the will, ideally, the person who commissioned the will should go back and amend the document, removing the deceased individual as a beneficiary and potentially leaving their assets to another.If the Beneficiary Dies Before the Will Maker, But Before DistributionIf a will is not amended after a beneficiary passes away, it can cause confusion and legal challenges, especially when there are multiple beneficiaries. Depending on the language of the will, several possible scenarios exist. If there is only one named beneficiary, the beneficiary\u2019s share reverts to the estate, and assets and property pass to the deceased\u2019s heirs according to the state\u2019s intestate laws.Michigan\u2019s anti-lapse law may also affect the outcome when a beneficiary passes away and that beneficiary is a grandparent, a grandparent’s descendant, or a stepchild. The law presumes that the person who created the will would want the beneficiary\u2019s descendants to inherit their portion of the estate.Contingency Provisions Upon Death of BeneficiaryThe rules change if a beneficiary passes away and the will or estate plan names contingent beneficiaries. Generally, the contingent beneficiary inherits the deceased primary beneficiary\u2019s estate portion if the primary beneficiary dies. However, assets can be distributed differently depending on the stipulations in the will, if any were made, such as per stirpes or per capita with representation. These terms mean:Per Stirpes \u2013 When a will or estate plan does not specially identify which individual should get a particular asset, the distribution can be made per stirpes, meaning to the next generation of the beneficiary. When the beneficiary dies, their descendants would split that person\u2019s portion of the inheritance.Per Capita with Representation \u2013 Per capita distribution occurs when assets are divided by the number of heirs and distributed equally to descendants in the generation nearest to the deceased beneficiary.Consult a Michigan Estate Planning Attorney TodayYou can take control of your legacy and protect your family by working with an experienced estate planning attorney who is familiar with Michigan’s estate planning and probate process. At Alward Fisher, we want to help you ensure your final wishes are fulfilled by crafting a personalized estate plan that addresses your needs.Contact our office today and request a confidential estate planning consultation. "},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/nmichlaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Happens When a Beneficiary Dies Before Inheriting?","item":"https:\/\/nmichlaw.com\/blog\/what-happens-if-a-beneficiary-dies-before-receiving-their-inheritance\/#breadcrumbitem"}]}]