If my late grandparents left their house to their 3 children but 2 of them are deceased, what happens?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my late grandparents left their house to their 3 children but 2 of them are deceased, what happens?
/my grandmother and grandfather passed away 3 years and 5 months ago, respectively. They had 3 children; 2 of whom passed away with 1 still living. They have a Will which left their house to all of the children. They put in their Will that the husband/wife of their children are not entitled to their inheritance. Are the surviving grandchildren of the 2 deceased children allowed to their dead parent’s inheritance?
Asked on August 3, 2015 under Estate Planning, California
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It really depends on how the will is worded. If the will only provides that the estate is to be divided among living heirs... then the families of the two children who are deceased will not inherit. If the will says to the 3 children, or their "issue", then that means that the children of the 2 deceased children will inherit. The best way to know what should happen with the estate is to obtain a copy of the will as it's being probated and have an attorney review the verbiage to see which provision is applicable.
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.