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


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.

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.