What rights do my sister and I have if my grandmother recently passed away and in her Will everything was left to her sole surviving daughter, my aunt?

My mother (the deceased other daughter) passed away many years ago. I feel that me and my sister should each receive 25% of the inheritance – per stripes. One other interesting fact is that my grandmother’s will was changed or updated only 5 months ago. I do not know what the previous will said. Do my sister and I have a legal case against my aunt to rightly claim what should be our mother’s portion of the inheritance?

Asked on October 6, 2014 under Estate Planning, Texas


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You mean per stirpes, I think.  That is only going to apply if someone dies without a will, or dies with a will that provides for that.  Here, you grandmother chose to leave everything to your aunt.  Your mother was not provided for.  It would be different if your grandmother left everything to her two daughters, and one of them predeceased her, and she died without ever changing her will.  Then state law would dictate.  But your grandmother can disenherit her grandchildren in favor of her daughter if she wants to; it is her will; otherwise, what would be the point of having one?

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