Columbia, SC asked in Probate for Tennessee

Q: Mother gets third of assets when her mother dies. She dies first. Does her part go to her executor?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: Your question is unclear. Does "she" refer to your mother or your grandmother?

Either way, there is no way to answer your question without reviewing the will. Some wills are written such that a beneficiary's share lapses if the beneficiary predeceases the decedent. Others are written such that the deceased beneficiary's share would become part of the deceased beneficiary's estate. Others provide for alternative beneficiaries.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
Answered
  • Probate Lawyer
  • Mandeville, LA

A: I agree with attorney Whitehurst that your question is unclear. I will assume you mean your mother dies before your grandmother, and that you mother has a will (because you said "executor" rather than "administrator").

Most states allow for the grandkids to step into the shoes of their parent who predeceased their grandparent if the grandparent die without a will. In other words, the children would share in their parent's share. In this case, the executor of the parent would not collect the assets from the grandparent, since the grandparent's assets were not in the estate of the parent at the parent's death. The assets would devolve directly to the grandchildren upon the grandparent's death by "representation"; at least that is what it is called in my state of Louisiana.

But like I said, the grandparent can modify all of this with a will.

Check with an attorney licensed in your state.

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