What are my rights to a share in my grandfather’s estate?

UPDATED: Sep 30, 2022

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What are my rights to a share in my grandfather’s estate?

My mother was killed when I was 9; her father was granted full

legal guardianship of me. Am I entitled to her share of the farm that is now in probate?

Asked on October 4, 2016 under Estate Planning, Tennessee


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

Answered 6 years ago | Contributor

Did your grandfather have a Will. If he did and you weren't listed as a beneficiary, you may still be entitled to any inheritance that your mother may have been entitled to. It depends on the wording of the Will. If may provide that your mother's share be used to increase her siblings' (if any) share of the estate (i.e. "per capita"), or it may provide that your mother's share be given to her children (i.e. "per stirpes"). If your grandfather did not have a Will then, as your mother's heir, you would be entitled to her share (to be split among you and your siblings, if any). The fact that your grandfather had legal guardianship has no bearing on your inheritance rights.

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.

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