If my mother owns a 2/3 share of my grandmother’s property and my mother just passed, do I as her heir have the share now?

UPDATED: Mar 17, 2012

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If my mother owns a 2/3 share of my grandmother’s property and my mother just passed, do I as her heir have the share now?

My grandmother and uncle (both alive) own the other 1/3. My mother’s Will did not mention this property at all.

Asked on March 17, 2012 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  You need to find out how the property was held.  By that I mean the title on the deed.  If the property was held between your Mom, her brother and mother with "rights of survivorship" then the property passed to them upon her death.  You would have no claim to it.  If it did not pass with rights of survivorship then it passes under the residuary clause or the intestacy statute in your state if there is no residuary clause.  Seek legal help here.  Good luck.

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