If both of my grandparents passed away at the beginning of the year, what are our right to our late father’s shares of the estate?

UPDATED: Sep 29, 2022

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If both of my grandparents passed away at the beginning of the year, what are our right to our late father’s shares of the estate?

They had 3 children, my dad being one. My dad was remarried, and only has my brother and I as children. He passed away 3 years ago. My grandparents have a will that was made in 1986 and never updated it again. Do my brother and I get to split our dad’s share or do we have to split it with my stepmom as well?

Asked on August 12, 2015 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The will controls how the estate will be distributed.  Many parents will leave their estates to be divided equally between their children... and then to their children's "issue" should the child predecease them. Issue refers to the children of a person who has been identified to inherit.  If your grandparents will has a similar provision, then your father's children (you and your siblings) will inherit.  If the will says the estate is to be divided only among living heirs, then no one in your dad's line will inherit. If the will does have a provision for your step-mom to inherit-then should would inherit... but only because the will provides for the gift.

You really need to obtain a copy of the will and have a probate attorney review the will and then to submit the will to probate, if needed.

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