If my grandfather died and left his property to my mother, her sister, and brother but then all 3 of them died without Wills, who gets the property?

All the grandchildren equally? This is what has been believed in my family for the last 36 years, but my father continued to live in the house with my mother up until her death and he thinks that the original children’s spouses he and my uncle and aunt are to get their respective spouses inheritances and only when they die do the grandchildren get their portions. They never changed the deed so the property is still in my grandfather’s name.

Asked on September 1, 2015 under Estate Planning, West Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your father is correct because when a spouse dies intestate without a Will, the surviving spouse inherits the entire estate of the deceased spouse.
If a spouse dies intestate without a surviving spouse, the children  would inherit their deceased parent's share of the estate.  If a child  dies but has surviving children, those surviving children inherit the share of the estate their deceased parent would have inherited.

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