What to do if my grandfather died and his estate was supposed to be split between his 4 children but my mother passed before anything was done with the estate?

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What to do if my grandfather died and his estate was supposed to be split between his 4 children but my mother passed before anything was done with the estate?

She outlived my grandfather; my step-dad is her beneficiary. How do I make a claim on her portion of the estate?

Asked on June 23, 2015 under Estate Planning, Colorado

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your losses.  If the terms of your Grandfather's Will state that his 4 children are to receive equally and your mother post deceased, then she was entitled to her portion of the estate and her estate will inherit on her behalf. How her estate is split depends on the terms of her Will, which you state leaves everything to her husband, your step-father, correct? Then unfortunately he receives it all.  If she died "intestate" without a Will, then you would indeed inherit under the intestacy statute and the person names as the Personal Representative of her estate will distribute accordingly.  Good luck.


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