Salt Lake City, UT asked in Family Law and Probate for Utah

Q: question on my great grandmother's will.

my great grandmother's will left her house to my grandmother who died before her. My great grandmother's will said "if any of my children should pre decease me then their inheritance shall be had by my children's children" what I would like to know is does this mean that my great grandmother's house goes to my grandmother's daughter?

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1 Lawyer Answer
William Tyler Melling
William Tyler Melling
  • Probate Lawyer
  • Cedar City, UT
  • Licensed in Utah

A: Generally, a Will is only effective for 3 years after death. After that point, a determination of heirs proceeding will be used instead of a probate proceeding. Either way, it appears to be the same distribution in this situation. When someone passes away without a Will in Utah, their estate is distributed to their descendants per capita. This Wikipedia article does a good job of explaining what that means using pictures:

I hope this helps.

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