If my mom died before my grandmother died, do my siblings and I have ownership of my grandma’s property?

UPDATED: Oct 21, 2019

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If my mom died before my grandmother died, do my siblings and I have ownership of my grandma’s property?

My grandma had 5 children, only 1 died before my grandma died. Is ownership only for the 4 living

children and the children of the child that died before her mom or is the child that died before her mother

children cut out of ownership?

Asked on October 21, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is a will, the property goes to whomever the will says it does: there is no right for children or grandchildren to inherit when there is a will to the contrary. A will could leave it to grandchildren if a child dies; or it might not--it depends on who the will was written. So if there is a will, you need to review it to answer this question.
If there is no will, then your mother's share will be split between you and your siblings. So the four surviving siblings each get 20% ownership (and 20% of any money); you and your siblings split the remaining 10%.

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