Riverside, CA asked in Estate Planning and Family Law for California

Q: my grandmother died and left a will all but one named in the will died am I entitled to my mothers share who died?

my grandmother died and left a will all but one named in the will died am I entitled to my mothers share being named as her executor and heir and her being one of the ones who died of my grandmothers heirs?

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1 Lawyer Answer
Barry L. Adams
Barry L. Adams
  • Estate Planning Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: The answer to this question is: it depends. You need to look at the will and see if there is a survivorship clause. In other words, does it say: all of my assets to my 2 daughters, if they survive me" or something like that. If there is no survivorship clause, then the person's who died share will go to that person's surviving issue - generally their children.

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