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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.