Walkersville, MD asked in Real Estate Law and Probate for Maryland

Q: My 14yr old paternal grandfather passed away. Her father, grandfather son is dead. Grandfather gave other children money

For his grandchildren’s college tuition. Since my daughter isn’t in college, does the money he gave to living children taken off there inheritance? There are three surviving children and since Peter is dead our daughter takes Peter place in terms of the inheritance. So, now the grandfather estate is split among 3 siblings and my daughter. I’m wondering if my daughter would be entitled to more?

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2 Lawyer Answers

A: I'd need to read the Will and any documents that surrounded the other gifts so I can determine whether they are gifts or advancements. If there is no Will, I'd need to interview as to the heirs. In any event, if there has been a Petition for Probate, that would answer most of the questions. But, without those things and some time to read, the answer would be incompetent.

A: Generally, No. Gifts given during lifetime do not ordinarily operate to reduce inheritance unless there is specific instruction in the Will to that effect (though there might be extraordinary circumstances).

You may wish to consult with an attorney if you have specific questions or want someone to analyze your particular situation. While not legal advice, I hope this general information helps.

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