Legal Question in Wills and Trusts in Texas
Are we left out in the cold?
My spouses grandmother had a will stating everything was left to her 3 children ( one being my father-in-law)...didnt state living children or any like phrase about children. Father-in-law passed away before grandmother passed away. Does my spouse have any claim on his father's part?
2 Answers from Attorneys
Re: Are we left out in the cold?
Depends on what the will says. Usually the language of the will allows grandchildren to inherit a pro rata share of their parent's share.
Re: Are we left out in the cold?
As Mr. Grissom said, it depends upon the language of the Will. If it's "to my children... per stirpes..." then the grandchildren will get their parent's portion. If it says "... per capita..." that's by headcount, and the deceased child's portion gets distributed among the surviving children.
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