Can a wife receive her late husband’s inheritance?
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Can a wife receive her late husband’s inheritance?
My grandfather passed away 12 years ago. My father was the executor of the estate. My father passed away 5 years ago before his father’s estate was settled. Now my grandfather’s estate is being settled my aunt if the executor. Can my mother receive my father’s share of his father’s estate, even though my mother is not named in the Will? My father’s share would be one-third of the money from the sale of my grandfather’s house split 3 ways between the three siblings, which
was specified in the Will or would my grandfather’s estate now just be split between the 2 living remaining siblings?
Asked on March 19, 2019 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You mother should be able to receive your father's share of your grandfather's estate, because your father died long after (7 years after) your grandfather. When an heir outlives the person he is inheriting from (does not "predecease" that person), then he is entitled to his share--that means in turns that his own heirs or beneficiaries can inherit that share from him, the same as they would inherit anything else he owned or was entitled to. Outliving your grandfather is what meant that your father could pass his share to his wife.
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