Does my father have the rights to this estate as previously mentioned since my aunt has passed? 26 Answers as of January 22, 2013

My aunt has just passed away leaving no will, and had never had a husband, no any children. My grandmothers will was the last one on this estate. In the will it states, THIRD: I give devise and bequeath all of my property, real, personal, or mixed and wherever situated, to my daughter ******. If she be deceased, then to ********. (which is my father) My grandmother passed away in 1991, and my aunt this month. Does my father have the rights to this estate as previously mentioned since my aunt has passed? Or was that only if my aunt had passed before my grandmother?

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, under your grandmother's will your father likely was only to inherit your grandmother's property if your aunt did not survive your grandmother.
Answer Applies to: Maryland
Replied: 1/22/2013
Lisa L. Hogreve, LC | Lisa L. Hogreve
In Florida, because your grandmother died before your aunt, then your grandmother's estate passed to your aunt (if your grandmother died without a spouse). Now that your aunt died, that property is in your aunt's estate. But it may be that your father is her next of kin, along with any other siblings or siblings' descendants that survived her. Your father should talk to an attorney about getting the estate properly distributed.
Answer Applies to: Florida
Replied: 1/22/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
If aunt passed away before your grandmother. If aunt has no will her estate passes under unrest act statute and your father have a share in that.
Answer Applies to: Delaware
Replied: 1/22/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
It appears as if, your father would have inherited the property if your aunt had died before your grandmother. However, with your aunt having left no will, the property will pass through what is called intestate succession. If your father was your aunt's brother and he was her only living sibling, then he will have a right to own the property solely. However, I would advise that you check with an attorney familiar with probate law.
Answer Applies to: Florida
Replied: 1/19/2013
Hamblin Law Office | Sally Hamblin
Only if aunt passed before grandmother. The will of grandmother does not pass to aunt. Because aunt had no will, who inherits any of her property passes to any of her heirs. Since no husband, no children, any brothers or sisters would be next in line. If any brother or sister not living, then any of their children. The search for heirs would continue down the descendant line.
Answer Applies to: Michigan
Replied: 1/19/2013
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    Your grandmother's estate, pursuant to her Will went to your Aunt. Your dad would have received it only if your Aunt had died before your grandmother. If the estate, however, was never transferred into your Aunt's name, two probates would need to be done. A probate in your grandmother's name, and then a probate in your aunt's name. If this is a Florida estate, and your Aunt died with no will, then Florida law determines who her heirs would be. If she had a spouse at death, or children, the estate goes to the spouse and/or the children. If she had no spouse and no children or grandchildren, then your father may, in fact, be the beneficiary of the estate.
    Answer Applies to: Florida
    Replied: 1/19/2013
    Asset Protection and Elder Law Center
    Asset Protection and Elder Law Center | Shadi Alai-Shaffer
    Your grandmother's Will does not apply based on what you are sharing. Your Aunt's asset and estate has to go through Probate Court where they will determine who her rightful heir is or are (yes, you dad could be it). The court will determine this - I suggest seeking a trust and probate attorney's advice and open probate to administer the assets for it to be transferred to her legal heirs.
    Answer Applies to: California
    Replied: 1/19/2013
    April R. Fletcher, PLC | April R. Fletcher
    Because any rights your father had to inherit under your grandmother's will were conditional ( the condition being that your aunt would have had to have died before your grandmother) and the condition was not met, your grandmother's will does not affect the disposition of the estate now. Your father has no interest in the estate flowing from your grandmother's will. However, based on your description of your aunt's situation, your father may have some interest in the estate by virtue of Virginia's laws regarding intestate succession. You said that your aunt left no will, so her estate will be distributed in accordance with Virginia Code ? 64.2-200 et seq. As you can see from the statute, if your aunt was unmarried and had no children, your father may inherit a share of the estate.
    Answer Applies to: Virginia
    Replied: 1/19/2013
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    Your grandmother's will only applies to her. If your aunt had no will her estate passes intestate.
    Answer Applies to: Michigan
    Replied: 1/18/2013
    The Law Firm of Kristina L. Combs, PLLC
    The Law Firm of Kristina L. Combs, PLLC | Kristina L. Combs
    Your grandmother's will does not control the estate anymore. The estate passed under your grandmother's will to her daughter, your aunt. So it is your aunt's estate now, not your grandmother's. Whether it passes to your father would depend on if your aunt had a will. If she did, her estate would be distributed according to the terms of her will. If she did not have a will, then her property would be distributed according to the intestacy laws of her state of residence or the state where the property is located.
    Answer Applies to: Texas
    Replied: 1/18/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Your father would inherit only if your aunt had passed away before your grandmother.
    Answer Applies to: Nebraska
    Replied: 1/18/2013
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Based on the language you quoted, your father would get the property through your grandmother's will only if your aunt predeceased your father. It is possible that your father is an heir of your aunt under her will or under intestacy law if your aunt had no will.
    Answer Applies to: Oregon
    Replied: 1/18/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    Your aunt's estate passes by the intestacy laws of the state where she was domiciled. Since your aunt and your father were brother and sister, your father should be entitled to some share of her estate. Your grandmother's will does not control your aunt's estate. Her will would control the assets having everything go to your father only if your aunt predeceased your grandmother.
    Answer Applies to: Missouri
    Replied: 1/18/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    It appears if I understand the facts, the property passed to the aunt, daughter of grandmother, when grandmother died. If your father is the brother of the aunt, and she had no living relatives, except your father, then the property passes to your father.
    Answer Applies to: California
    Replied: 1/18/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Your father may be an intestate heir. If there are other siblings, he may not be entitled to the entirety of the estate, but may need to share with his siblings, of if deceased then the sibling's issue.
    Answer Applies to: Nevada
    Replied: 1/18/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If your aunt had no will and lived in Oregon, then her estate passes according to the statutes concerning intestacy. With no spouse and no children, then, yes, it passes to her siblings. I frankly don't know whether grandmother's will becomes important here, that would need to be looked into specifically. It sounds like your father does have some interest in this estate, and should get counsel to review how to proceed.
    Answer Applies to: Oregon
    Replied: 1/18/2013
    Frederick & Frederick PLC | James P Frederick
    Your father would take under your grandmother's Will, only if your aunt had predeceased your grandmother. Your aunt would take there, but your father might ultimately be the beneficiary of HER estate, under the limited facts provided.
    Answer Applies to: Michigan
    Replied: 1/18/2013
    James Law Group
    James Law Group | Christine James
    You dad is likely your aunts heir. I recommend you take the documents to an attorney for review.
    Answer Applies to: California
    Replied: 1/18/2013
    Gates' Law, PLLC | Thomas E. Gates
    Not necessary. In your grandmother's will she left everything to your aunt. This completes all other actions from your grandmother's will. Now, your aunt dies without a will. Normally, it would go to spouse and then children, but with neither, it reversed to her parents. But, there are none, so it would revert to her brothers and sisters. So, yes your father is the likely beneficiary if he is the sole sibling.
    Answer Applies to: Washington
    Replied: 1/18/2013
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Since he predeceased, unlikely he takes from the Estate. Your aunt's heirs will inherit.
    Answer Applies to: Texas
    Replied: 1/18/2013
    Marcus Kroll
    Marcus Kroll | Marcus Kroll
    Were any of the estates administered. The answer is likely yes but it would require more info.
    Answer Applies to: New York
    Replied: 1/18/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    Your grandmother's will does not affect your aunt's estate. If your aunt died without her own will her estate will have to go to Probate and will be distributed according to the laws of the state of Michigan. Your aunt's estate will pass to her parents, if any, and if not to her brothers and sisters. If any of them have died, their children will get their shares. It looks like your grandmother's asset should have passed to your aunt since she was alive when your grandmother died.
    Answer Applies to: Michigan
    Replied: 1/18/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Once the property passed to your grandmother it was her responsibilty to prepare a Will to pass it. If no Will then the law has one for her. ALL related family member by stage of blood relation has standing. Her estate should be probated as soon as possible. This will appoint someone to serve as her Personal Representative. Barry Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone. Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 1/18/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    The will of your grandmother only gave property to your father if the aunt died first. Since the Aunt has now died without a will, her heirs at law have the right to the property. This would be her surviving husband and all children.
    Answer Applies to: Georgia
    Replied: 1/18/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    I expect he is her heir at law.
    Answer Applies to: Connecticut
    Replied: 1/18/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No, your father will inherit from your aunt as his heir, not from the mother's estate. Your grandmother left everything to her daughter. Only if your aunt was dead when your grandmother died would that provision be effective.
    Answer Applies to: Idaho
    Replied: 1/18/2013
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