Q: Mother died 3 days after my grandfather she has two sisters they were left a designated amount of money

A: Dear Modesto:

Since you state that the sisters ". . .were left a designated amount of money", I am assuming that there is a will involved.

The general rule on survival for wills is that the survival provision in the will controls over all other provisions of the probate code. For example, a will may contain a clause that states "Any heir or beneficiary who fails to survive me by 24 hours is deemed to have died before me." In this case a beneficiary must survive the Decedent by 24 hours.

If the will does not contain a provision specifying a survival time, then the default period is 120 hours for both wills and intestacy. (Probate Code sections 21109 and 21110.)

If a beneficiary fails to survive for the required time period, then that person is deemed to have died before the other person. So, if your mother died before the survival period expired, than she is treated as having died before your grandfather and his estate would be distributed accordingly.

Of course, for community property, joint tenancies, trusts, and life insurance the rules may differ. And, the text of any trusts or wills must be reviewed to determine the correct survival period and determine the exact order of death for administration purposes.

You should seek the assistance of an attorney knowledgeable in probate (estate and trust) law. If you do not know where to find an attorney, you can try your local, county bar association. Most county bar associations offer a legal referral program that places your with a qualified attorney in your area of need. The attorney then provides a consultation for either no, or a nominal, fee depending on the rules of the particular program.

Good luck.