my mom is named in her uncle will and she passed

UPDATED: Oct 1, 2022

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my mom is named in her uncle will and she passed

my mom is named in her uncle will who passed 12/29/18 she gets 60 ,her cousin
30 and 10 to his church ,my mom passed 2/1/2019 probate hearing for uncle will
is 2/18/2019 ,what happens to her share in this situation ? thanks for any help

Asked on February 11, 2019 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your mother otlived your uncle, tne her estate is entitled to her share. A beneficiary does not need to liveuntil probate is closed. Accordingly, you and your siblings (and her surviving spouse, if any) will share in the inheritance. Exactly what that share is depends on whether or not she had a Will or died "intstate"(i.e. without a Will). 

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.

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