If my grandmother just passed away and my dad died a few years ago., who is entitled to her estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my grandmother just passed away and my dad died a few years ago., who is entitled to her estate?

He was married up until his death to my mother who is still living. My grandmother had a Will.

Asked on March 14, 2016 under Estate Planning, California

Answers:

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

Answered 5 years ago | Contributor

Did your dad have siblings who were also mentioned in her Will? If so, then typically if a member of a "group" dies before the maker of the Will, the property goes to the surviving members of the group. This is true unless the Will provides otherwise. Therefore, if the Will stated that the estate was to be "divided among my children", then it would be split between the survivors. If, however, the Will had left the property specifically to the children by name, then in that event a deceased sibling's share would go to their children (or would pass as per the terms of the residuary clause in the Will if the had no children). This is also how the estate would pass if they was an only child. However, in no event would a deceased beneficiary's spouse inherit, unless the Will specifically provided that they would.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption