Is a grandchild eligible to receive an inheritance?

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Is a grandchild eligible to receive an inheritance?

My mother passed away years ago and was followed by my grandfather. My grandmother has now passed away leaving no Will and 4 of her 5 remaining children are trying to cut me and my brother out of any inheritance. However, to my understanding we are entitled to split my mother’s share. Is this correct?

Asked on August 20, 2018 under Estate Planning, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone passes away with no will, their "estate" (the money and other property or assets they leave behind) passes by "intestate succession" (the rules who gets what when there is no will). When a child of the deceased pre-deceases, or passes away before or prior to, that person, his or her own children will split his or her share. So if there were 5 children of your grandmother, one of whom passed away, four of them each get a 1/5th share of the estate, and you and your brother split your mother's 1/5th share, or get 1/10th each.


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