How is an estate divided when an heir dies?

UPDATED: Jan 24, 2015

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How is an estate divided when an heir dies?

My grandfather died 3 years ago. There was no Will but the estate has gone through probate. It was distributed as follows: 1/2 to my dad 1/2 to my uncle; there was 1 house and 2 cars. My father passed away. Do I inherit his potion of my grandfather’s property and vehicles or does it all go to my uncle now?

Asked on January 24, 2015 under Estate Planning, Texas


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

Answered 7 years ago | Contributor

If probate closed, then your father would have gotten his share. His estate would then be distributed according to his Will, if there was one, or through the laws of "intestacy" (the statutes that control when some dies without a Will). Accordingly, you and your siblings, if any, would inherit.

If your father died prior to distribution of your grandfather's estate, then you and your siblings, if any, would equally share in your father's portion of the estate. Your uncle would only be entitled to his share; he would have no claim over your father's inheritance. 

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