If my late grandparents left their house to their 3 children but 2 of them are deceased, what happens?

UPDATED: Sep 29, 2022

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If my late grandparents left their house to their 3 children but 2 of them are deceased, what happens?

/my grandmother and grandfather passed away 3 years and 5 months ago, respectively. They had 3 children; 2 of whom passed away with 1 still living. They have a Will which left their house to all of the children. They put in their Will that the husband/wife of their children are not entitled to their inheritance. Are the surviving grandchildren of the 2 deceased children allowed to their dead parent’s inheritance?

Asked on August 3, 2015 under Estate Planning, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It really depends on how the will is worded.  If the will only provides that the estate is to be divided among living heirs... then the families of the two children who are deceased will not inherit.  If the will says to the 3 children, or their "issue", then that means that the children of the 2 deceased children will inherit.  The best way to know what should happen with the estate is to obtain a copy of the will as it's being probated and have an attorney review the verbiage to see which provision is applicable.

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