Do I have any legal right to have a say in how property that my grandma left behind that I am to inherit 1/3 ownership of upon the death of my mom and uncle my grandma’s only children?

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Do I have any legal right to have a say in how property that my grandma left behind that I am to inherit 1/3 ownership of upon the death of my mom and uncle my grandma’s only children?

My grandmother inherited property from her mother years ago. Recently, my grandmother passed away, leaving my uncle as executor of her Will. My brother and I received a letter from him telling us that the property that had once belonged to our grandmother’s mother would go, in equal shares, to my brother, myself, and my daughter, as well as any future great-grandchildren to be born which I doubt any will be any but only after my mom and my uncle are both dead. On this property in question, there are 2 houses. There have been paying tenants living in both of the units for quite a few years. I want to know if I have any legal rights to determine how that property is handled while my mother and uncle are still alive? I expect for it to be at least 20 years before they are both gone and my brother, daughter and I will receive the property.

Asked on August 25, 2017 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

A beneficiary has no rights over the asset(s) that they are to inherit. Until the testator dies (i.e. the maker of the Will), they could be written out. Accordingly, in your situation, you have no say over how the property that you stand to inherit is handled. 


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