Do I have any claim to my late grandmother’s estate?

UPDATED: Sep 30, 2022

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Do I have any claim to my late grandmother’s estate?

My mother passed away 6 years ago. She had 1 living sibling, a sister. Her mother, my grandmother, is 99 and in ill health. I know that my grandmother’s house was signed over to my aunt. If my grandmother passes away, do I (and my brother) have any claim to the house or any other of my grandmother’s assets? I am assuming her Will says everything goes to my aunt.

Asked on November 25, 2015 under Estate Planning, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) If the house was "signed over to" the aunt, it is her house now and was not your grandmother's--so it remains your aunt's when you grandmother passes.
2) If there is a will, property owned by your grandmother goes to whomever it is willed to; the terms of the will control.
3) If there is no will, her child (your aunt) inherits everything in your state.

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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