If my grandmother left everything in her Will to her 3 children, 1 of whom is my late father, do I have a right to his portion?

There really are no further details other than I am curious if it is specifically stated in the will that the estate is to be divided equally, as my father’s only living heir, am I entitled to his portion?

Asked on August 29, 2016 under Estate Planning, Texas

Answers:

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

Answered 4 years ago | Contributor

As a general rule, when a deceased beneficiary is a member of a group and dies before the testator (i.e. the maker of the Will), their share then goes to the surviving members of the group, unless the Will provides otherwise. Therefore, if it states that the estate is "to be divided among my children", it will be split between the surviving children. If, however, the Will left the property specifically to the children by name (i.e. to "Mary, Jane, and John"), then the inheritance is not considered a "class gift" which means that the deceased sibling's share would go to their children. To be certain of your rights, you should consult directly with a local probate attorney.


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