If when my grandmother died a wrongful death case was filed but a month later my mother died, are we still entitled to any money?

UPDATED: Sep 4, 2014

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If when my grandmother died a wrongful death case was filed but a month later my mother died, are we still entitled to any money?

She was in the middle of divorcing my dad.

Asked on September 4, 2014 under Estate Planning, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your mother and grandmother.

If your mother left a Will, the Will is controlling as to inheritance.

If your mother did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, the surviving spouse inherits your mother's entire estate.  However, since your parents were in the process of filing for divorce, even though the divorce had not been finalized, there is no surviving spouse.  Therefore, under intestate succession when there isn't a surviving spoouse, the surviving children inherit equal shares of your mother's estate.  For example, if there are three surviving children, each child inherits 1/3 of your mother's estate.  If there are deceased children, who had surviving children (your mother's grandchildren), those grandchildren would inherit the share their deceased parent would have inherited had that deceased parent survived.

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