Who is entitled to inherit from an estate?

My grandfather died 2 years ago and my mother died 2 months after ge did. He had 6 children including my mother. All my mother’s other siblings are still alive. My uncle, who is the executor of my grandfather’s estate, told me that it will be divided 6 ways when it’s sold. My mother’s portion will be divided between my brother, myself, and my stepfather. Should my mother’s surviving husband be entitled to a portion since he is not blood related to my grandfather or my brother or myself?

Asked on January 11, 2013 under Estate Planning, Tennessee


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Good question; the answer is NO. This is the statutory law in California. So be sure ti advise your uncle; if he resists, then obtain a probate legal counsel to advise you and assist you in the protection of your mother's share being devised down to you and your other sibling.

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