Who gets my mother’s inheritance if she died before my grandfather?

My grandfather had a Will which states that his inheritance is divided between his 2 daughters. However, my mother died 3 months before my grandfather and his Will was not changed in that time period. So does her inheritance go to her children or my aunt who is still alive? My mother was his caretaker until her death and for the remaining 3 months of his life he lived in another with his other daughter. Does that affect anything? My grandmother is deceased.

Asked on February 3, 2016 under Estate Planning, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In the majoriy of states, unless a Will provides otherwise, if the beneficiary was what is known as a "lineal descendant" of the deceased (e.g. a child), the beneficiary's children take their predeceased parent's share to be divided aong them equally (beneficiaries other than a lineal descendant do not necessarily share this privilege). At this point, you can consult directly with a local attorney who specializes in probate cases for further advise. 

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