How is an estate divided ifone of thechildren is livingbutthe otheris deceased?

UPDATED: Jan 19, 2011

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How is an estate divided ifone of thechildren is livingbutthe otheris deceased?

My grandfather recently passed. He had 2 children, my mother and her sister. My mom died in 2006. Will his estate be divided 50% to my aunt and 50% to my mom’s side (since she is no long here)? Or does the whole estate go to my aunt?

Asked on January 19, 2011 under Estate Planning, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  I am assuming here that your Grandfather died without a Last Will and Testament or "intestate."  If that is correct then the Intestacy statutes under your state law will apply.  Kentucky intestacy has two separate statutes for real property and for personal property.  As to the real property, it will be distributed " his children and their descendants."  As for personal property, it will also be distributed to the children.  Kentucky specifically states as follows:  "when any or all of a class first entitled to inherit are dead, leaving descendants, such descendants shall take per stirpes the share of their respective deceased parents."  Per stirpes means through the roots, which means that you will inherit your Mother's share.  Good luck.

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