Am I entitled to my mother’s share of my grandmother’s estate if she predeceased my grandmother?

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Am I entitled to my mother’s share of my grandmother’s estate if she predeceased my grandmother?

My grandmother had 6 children. My mother passed away 13 years ago. When my grandmother pdied 4 months ago, my eldest aunt stated that my brothers and I would get our mother’s share of the estate. Now she’s saying that the estate lawyer said that because my mother has been dead for more than 10 years we may not be entitled to anything. Is that true?

Asked on April 19, 2011 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that it is time that you consulted with an estate attorney in your area.  From what I have read on the Maryland Intestacy laws, you and your brothers are to receive your Mother's share of the estate and there is no "10 year" time limit upon which you are bound to give it up.  That really made no sense to me but I looked up the statute anyway and I do not see that written anywhere.  You need to make sure that it is not some strange what they call "dicta" in a decision by the courts in issues of intestate succession.  But as far as I can see now you are entitled to inherit without time limit   Get help.  Good luck


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