If my mom died before my grandfather, is my sister and I entitled to any part of his estate?
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If my mom died before my grandfather, is my sister and I entitled to any part of his estate?
My mom passed away about 9 months ago. She was to receive my grandfather’s car and other physical belongings. He passed 2 months after her without changing his Will. My mom had no estate at the time of her death. I am 20 and my sister is 2. Are we to split the value of everything being left to my mom or is it next of kin like everything else was?
Asked on August 28, 2014 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. The wording of the Will tells what will happen. If the Will says something like "per stirpes" when talking about the distribution and something about "pre deceasing" your grandfather. If it says "predeceased" and "per stirpes" then your Mother's share should come to you and your sister (as long as it is in the right place). What worries me here is that you say "like everything else was." I would take a copy of it to your local bar association and ask for a consultation with an attorney. They are generally free or a low cost. Good luck.
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