My grandma died in Mississippi she had a will she left stuff for her son my father but he passed away am I entitled to his share

UPDATED: Oct 1, 2022

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My grandma died in Mississippi she had a will she left stuff for her son my father but he passed away am I entitled to his share

I live in ga and my grandma died in
Mississippi she left a will leaving
my father her son things in the
will. I need to no if I’m entitled
to his share and if so how would I
go about finding out

Asked on October 26, 2017 under Estate Planning, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on several factors. First of all, when a beneficiary dies before the "testator" (i.e. the person who made the Will), there are several possibilities as to what can happen with the distribution of the estate. It depends on just how the Will is the worded, who the dead beneficiary was, and in what state it is being probated. The bequest may "lapse" meaning that it goes back into the estate to be distributed according to the "residuary clause" of the Will, although most states have enacted "anti-lapse" laws to prevent this. Or a contingent beneficiary may be named the Will to receive the bequest in the event that the primary beneficiary cannot inherit. Or if the deceased beneficiary was a child of the testator, then their share may in turn go the their children (i.e. the testor's grandchildren) or it may be split only among the testator's surviving children. Without reviewing the specific Will itself, it's impossible to determine exactly what will happen. At this point, you should consult directly with a local probate lawyer; they can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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