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

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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 8 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.


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