What happens if my grandfather recently passed away and his Will is in process of being probated but now my one of the beneficiaries (my mom) had also died?

His Will only had my mother and me named to split his furniture and things. My mother suddenly passed away. Since my mother and I are the only 2 people listed in his Will, do the furniture and things in the house go to me or me and my brother since he is in my mother’s Will? The furniture is still in my grandfather house.

Asked on July 21, 2015 under Estate Planning, Alabama


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on how the will is worded.  Many wills leave an estate to persons, and if they die first... then to the heirs of the deceased.  In this case, you and your brother would inherit. 

If the will only left to you and your mother if you survived your grandfather, then only you would inherit. 

Until the will has finished going through probate, hold off removing any furniture or assets.  If you have to move things out of the house because the house is no longer available, then store the items in a safe location until the probate court authorizes a division or disposal of the furniture.

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