If my mom died before my grandfather, is my sister and I entitled to any part of his estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 6 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption