What happens to my mother's share of the will if she has passed away?

Full question:

when my grandmother passed away her will read that her two children were to split everything in half . What happens when one of them children being my mother has already passed do my siblings and I get her part of the will

Answer:

The distribution of your grandmother's estate depends on the will's language. If the will specifies 'per stirpes,' it means that if a beneficiary (like your mother) dies before the decedent (your grandmother), her children will inherit her share. This allows you and your siblings to receive what your mother would have inherited.

If the will does not include such a provision, the estate may be divided equally among the surviving heirs. In this case, you and your siblings might not receive your mother's share if there are surviving siblings of your grandmother.

In summary, check the will for any specific terms regarding distribution to children of a deceased beneficiary.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, grandchildren do not inherit directly from a grandparent unless specified in the will. If a grandchild's parent (the child of the grandmother) has passed away, some wills include a 'per stirpes' clause, allowing grandchildren to inherit their parent's share. If there is no such provision, the estate typically goes to the surviving children.