Do I have any claim to my late grandmother’s estate?

My mother passed away 6 years ago. She had 1 living sibling, a sister. Her mother, my grandmother, is 99 and in ill health. I know that my grandmother’s house was signed over to my aunt. If my grandmother passes away, do I (and my brother) have any claim to the house or any other of my grandmother’s assets? I am assuming her Will says everything goes to my aunt.

Asked on November 25, 2015 under Estate Planning, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) If the house was "signed over to" the aunt, it is her house now and was not your grandmother's--so it remains your aunt's when you grandmother passes.
2) If there is a will, property owned by your grandmother goes to whomever it is willed to; the terms of the will control.
3) If there is no will, her child (your aunt) inherits everything in your state.

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