Legal Question in Wills and Trusts in Minnesota

No will with deceased child

My grandmother passed away early this year. Then my mother passed away after her in the summer while receiving medical assistance. Now that my grandmother's estate is being settled, with no will, she had three kids, which is being divided up with two deceased (my mother and sister) and one living. My question is will the assets for my mother's share go to my mother's children automatically or to her estate, which will need to go into probate?


Asked on 11/10/08, 3:54 pm

1 Answer from Attorneys

Lloyd Welling American Wills & Estates

Re: No will with deceased child

Because your mother survived your grandmother, her share of her mother's estate became vested. As such, her share is payable to her estate and her estate therefore needs to be probated. If you have additional questions or require legal assistance, please feel free to contact me at [email protected]. Thank you.

Lloyd Welling, Esq.

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Answered on 11/12/08, 11:01 am


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