If a child’s deceased parent dies before their own parent, then who inherits under the grandparent’s Will?

My grandmother just passed away and she had 2 daughters, 1 being my mother who passed away just 6 months ago. My grandmother’s Will from 31 years ago, states that her real estate and and all the rest, residue and remainder of her estate be split equally amongst her 2 daughters. In the event that 1 of her girls predeceased her, than the devise and bequest shall pass to their children in equal shares. Then, 20 years ago, my grandparents added their 2 daughters to the deed of their house, making it a survivorship deed. Clearly my aunt is the last survivor but am I still entitled to my mother’s share of the remainder of my grandmother’s estate? Do I need to petition for probate before my aunt takes all the family heirlooms?

Asked on September 24, 2012 under Estate Planning, Oregon


Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Assuming there is no other will, your grandmother's will still controls everything except the house.  As you describe the will, you are entitled to your mother's share.  If your aunt will not honor this, then you will have to petition for probate.  If your aunt is listed as the executor (personal representative) in the will, you may wish to object to this since she refuses to honor the terms of the will.

Good luck.  Perhaps your aunt will work this out with you rather than spend money in a contested estate.


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