If my deceased mother was Willed some property and it may be sold, are my sister and I entitled to her portion even if it was willed to her?

If my mother, along with her sisters and brothers was Willed some property and land. It may be purchased soon. Are we entitled to get her portion of the sale? We are her only heirs.

Asked on September 12, 2018 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your mother passed away before she inherited the property (that is, before the person she was inheriting from died), then it depends on *how* it was willed to her. A will can be set up so that if a beneficiary dies before the person making the will, then the beneficiary's heirs will receive or share; or it can be set up so that they do not, and her share goes to other people. There is no way to answer the question in this case with out reviewing the will.
If she died after she inherited, then her share of the proceeds will go to whomever would inherit money from her, in whatever portion or amount they inherit other money from her.

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