Legal Question in Wills and Trusts in Texas
Wills
My grandmother recently passed away. In her will she left all of her belongings to her 3 children; however, my Dad who was one of the 3 children passed away two years ago. She made it clear to my Aunt and I that she wanted me to have my Dad's third. How do I go about claiming his 3rd when the will goes to probate?
Asked on 6/23/07, 10:17 pm
2 Answers from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: Wills
Look for language that says distribution per stirpes. That means your dad's share will pass on to you as a matter of law.
Answered on 6/24/07, 3:58 pm
Cheryl Rivera Smith
The Smith Law Firm
Re: Wills
The executor has the obligation to see that the estate is distributed properly. Your Dad's share should be distributed according to HIS will, unless your grandmother devised his share per capita instead of per stirpes (on down to his heirs).
Answered on 6/24/07, 10:52 am
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