Asked in Probate

Q: If an adult child dies before their parent who both die intestate, does the adult child's child get their estate?

Example:

Sarah gives birth to Adam. Sarah dies intestate when Adam is 18. Adam is the only child and Sarah had no spouse. Three years later Sarah's mother Carol passes intestate. Does Adam represent Sarah's estate afyer Carol passes away. In other words, is he entitled to his mothers portion of his grandmothers estate if his mother passed three years before his grandmother.

I'm asking from Ontario Canada

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1 Lawyer Answer
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: The answer is, it depends. It depends on what the grandmother's will said. If she did not have a will, then it depends on the laws of intestate succession in the state or province in which the grandmother died. You said where YOU are, but you did not say where grandmother lived when she died.

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