Q: My deceased mother is named as a beneficiary in my grandfather's will. They are three other siblings named as well.
Who gets my mother's part
A: It depends on the specific language contained in the will. If your grandfather's will states that his children receive the inheritance per stirpes, then the children of your mother would receive her share in equal parts. If the language in your grandfather's will states that his children receive the inheritance per capita and your mother did not survive your grandfather, then your mother and her children would not receive anything. If the will says per capita and your mother did survive your grandfather, then your mother's inheritance would pass according to her will or, if she had no will, the laws of intestacy. Schedule a free consultation to make sure all of the details are covered.
A:
It depends on how the Will is written and whether your mother died before your grandfather. If your mother outlived your grandfather and the will is a standard will leaving everything to the four children, then your mother's will dictates who inherits her share. If your mother did not have a will, then your mother's children inherit her share.
If your mother died before your grandfather, in most cases, her three siblings will inherit her share. There are exceptions and you should have a probate attorney review the will for you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
