What are my rights to a share in my grandfather’s estate?
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What are my rights to a share in my grandfather’s estate?
My mother was killed when I was 9; her father was granted full
legal guardianship of me. Am I entitled to her share of the farm that is now in probate?
Asked on October 4, 2016 under Estate Planning, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Did your grandfather have a Will. If he did and you weren't listed as a beneficiary, you may still be entitled to any inheritance that your mother may have been entitled to. It depends on the wording of the Will. If may provide that your mother's share be used to increase her siblings' (if any) share of the estate (i.e. "per capita"), or it may provide that your mother's share be given to her children (i.e. "per stirpes"). If your grandfather did not have a Will then, as your mother's heir, you would be entitled to her share (to be split among you and your siblings, if any). The fact that your grandfather had legal guardianship has no bearing on your inheritance rights.
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