Legal Question in Wills and Trusts in Texas
entitled to estate
my aunt is selling my grandmothers house. my grandmother and grandfather are both deceased they had 4 kids and now only 3 are living. I was told that my sister and I would recieve my mothers part of the estate once the house is sold.Now i was told that in 1993 the law changed and the spouse of the deceased will receive the money from the estate. which in turn is my dad. is this right ive heard several different answers . the will my grandmother had made out said that the estate is to be divided amoung her 4 children. Please help , i am confused
3 Answers from Attorneys
Re: entitled to estate
I believe I already responded to this questions. If will left to her children per stirpes you get a share of your mother's. If per capita then no. Need to read the will.
Re: entitled to estate
You haven't supplied enough information to answer this properly. The answer will depend on
1) Your Grandmother's will
2) Whether you mother died before or after your grandmother
3) If after, did she have a will and what were its contents
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Re: entitled to estate
Depends on what your grandmother's will says as to the distribution. If distributed per stirpes, your mother's share goes to you and your sister if your mother died before her mother. If distributed per capita, and your mother died before your grandmother, then to your aunts and uncles.
If your mother died after your grandmother, didn't leave a will, and died after 1993, then your father would get your mother's inheritance.