Can I claim money that was bequeathed to my grandma that has passed?

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Can I claim money that was bequeathed to my grandma that has passed?

My grandmother’s friend passed away early last month and my granny died shortly thereafter. The beginning of this month I got a letter in the mail stating that granny was to get this money. Would I be able to get it instead?

Asked on May 22, 2011 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, as long as the beneficiary outlives the the "testator" (i.e. the maker of a Will), they are entitled to inherit.  Since they have subsequently died as well, the beneficiary's estate would inherit.  Accordingly, the proceeds would be distributed according to their Will (if they had one) or according to the "intestacy " laws of the state of their domicile (if they had no Will). Under most state intestacy statutes, assets are first distributed among the surviving spouse, if any, and to children. If there are no children, then to grandchildren

Again, this is just a brief generalization based on the facts presented.  You should consult directly with a probate attorney as to this.


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