Where does my moms right to property go to after she dies? 9 Answers as of August 05, 2011

My grandma died and left her house to my mom and her two brothers. One of my uncles died and his part went to his wife. My mom died and had no will. So where will her part go to?

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It will depend on the language in your Grandmother's Will. If your Grandmother left the assets to her children "per stripes" this would mean that if any of her children predeceased her, the grandchildren would take their mother's share. If the language says "per capita" then it is re-divided between Grandmother's children and the deceased child's line is disinherited.
Answer Applies to: New Hampshire
Replied: 8/5/2011
Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
It depends on the language in the will where she is inheriting the property from. If it says it goes to your mother in absolute fee simple, per stripes, then her children would divide the property. Per stripes means by representation so that you and your brothers and sisters would be entitled to the property. In any event, you would be entitled to notice of the probate of the estate as an heir at law. Let me know if you have any other questions.
Answer Applies to: Alabama
Replied: 8/2/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
Assuming the property has already passed to your mother, her share would be distributed in accordance with the laws of intestacy. I would recommend that you consult with an attorney or the probate court. Disclaimer: This answer is not meant, nor should it be construed to be legal advice, Further, it is not intended to, nor does it create a lawyer/client relationship with any firm or individual to whom this answer is communicated.
Answer Applies to: Connecticut
Replied: 8/2/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Since you have left out (1) what state this happened in, (2) whether there was a will, and (3) other details, there is no way to answer you except to tell you to meet with a lawyer.
Answer Applies to: Georgia
Replied: 8/2/2011
Majors Law Firm, P.C.
Majors Law Firm, P.C. | M. Jason Majors
It depends upon what your grandmother's Will states and whether your mom passed away before or after your grandmother. The Will may provide that your Mom's share is to be distributed to her children or to her siblings. If your mom passed away after your grandmother, then her share would likely be deemed part of her estate and subject to probate administration; in which case, her husband and/or children may be entitled to her share. I would recommend consulting with an estate planning attorney to determine your rights as a potential beneficiary.
Answer Applies to: Wyoming
Replied: 8/2/2011
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    Florida statutes states who your assets go to upon your death if you do not have a Will. A person who dies without a will has an "intestate" estate and the intestacy rules first look to whether the person died with a spouse. If your mother died without a spouse, then the assets will go to her children. If any of those children died before your mother, their children will receive their share. In order to actually take title to the property, however, a probate will have to be opened. A probate is a court proceeding where the assets are identified, creditors are paid off, and then the assets are distributed. Probate proceedings can take anywhere from three months to one year to complete, depending on the complexity of the issues.
    Answer Applies to: Florida
    Replied: 8/2/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    If she was married it might go to her spouse. If not, it would go to her children
    Answer Applies to: Florida
    Replied: 8/2/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Generally speaking, her share would go to her surviving spouse (if she was married), or equally to her children (if she was not married). There are additional rules governing distribution of estates when there is no will, but it depends on the jurisdiction and other factors. I recommend you consult with an attorney to learn more.
    Answer Applies to: Arizona
    Replied: 8/2/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If someone dies without a will, their estate passes through the intestacy laws of the state. Each state is different, but generally it goes first to the spouse, if there is no spouse, the the children.
    Answer Applies to: California
    Replied: 8/2/2011
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