Entitlement to Unliquidated Probate Property

[cpgavg]

A few pieces of property (real estate) in my grandmother's estate remain to be sold or liquidated. Property sold thus far has been split between the grandchildren. One grandchild (heir) recently passed away. He did not have a will. Is the spouse of this heir entitled to any share of the unsold property once it is sold?

 

[ALawyer]

Check out the original Will. Most have a provision that to get anything the beneficiary has to survive the deceased by X days. If he did, his rights to the property vested and the distribution was part of his estate.

The beneficiary of his Will at the time of his death, if he had a Will, would inherit upon his Will being admitted to probate. That could be his wife or anyone else. If he had no Will, his heirs at law inherit, and depending on his State's law, that could be his wife or his wife and AND his parents or siblings, assuming he had no children.