Justice for Mom

[liamsmommy]

What is the name of your state? California.
My grandmother recently died and my uncle is the executor on her will. My problem is this; it is to be divided evenly by 4 children, including my mother who was deceased in 2002. My uncle says that my mother forfeited her inheiratence when she died and that her fourth will be split between the remaining 3 children. Shouldn't my mothers half go to her children?

 

[Indiana Filer]

What is the name of your state? California.
My grandmother recently died and my uncle is the executor on her will. My problem is this; it is to be divided evenly by 4 children, including my mother who was deceased in 2002. My uncle says that my mother forfeited her inheiratence when she died and that her fourth will be split between the remaining 3 children. Shouldn't my mothers half go to her children?

It depends on how your grandmother's will was worded. Do you have a copy of the will so that you can tell the experts on here what the will says?

 

[liamsmommy]

Have will

yes, I do have a copy of the will. I do not see anything that states yes or no to heirs or grandchildren in our case.

 

[Dandy Don]

A probate attorney will have to look at the language used in the will. If the phrase per stirpes is used then the money can be distributed to a decedent's children--if the phrase is not used it is less likely that that will happen.