Is a grandchild eligible to receive an inheritance?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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 lock Secured with SHA-256 Encryption