Will I inherit anything from my grandmother’s probate?

UPDATED: Sep 8, 2011

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Will I inherit anything from my grandmother’s probate?

My grandmother (my mom’s mother) passed away 2 months ago and her estate is now in probate. My grandmother was not married, and my mom had only 1 brother who has passed away and never had children. I have 2 sisters. There was only cash in CD accounts and a few furnishings, clothing, misc small items, no insurance policy or real estate. My mom is listed as primary heir, and myself and 2 sisters are also listed; no other direct family members are still living. When the probate is complete, will my mom get everything since she is the only surviving child? Can my mom share with us?

Asked on September 8, 2011 under Estate Planning, California


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  I can not tell from your question if your Grandmother left a Last Will and Testament or if she died with out a Will, known as "intestate."   If she dies with a Will then the terms of the Will govern and if she left her assets as you have stated then that is that.  There seems to be no one to contest the Will (your Uncle passed and he had no children as potential beneficiaries).  If she dies intestate then the intestacy statutes govern and your Mom would most likely inherit everything from the estate (check the statute). Can she share with you?  Of course she can.  But that is her choice.  Good luck. 

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