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What rights do my siblings and I have to my grandmothers estate if our mother’s inheritance was sold before she died?

ADDITIONAL INFORMATION:

My Grandfather passed away in 2007. 6 months before his passing, he sold the home he had left in his will for my mother. My Mother passed away in 2016. 6 months before, her mother, my grandmother, passed away in 2017. My grandfather’s will was possibly never read in 2007 stating that my Mother would have inherited the home sold in 2006. My uncles have claimed the properties they inherited but did not inform my siblings and me of this recent finding. What are our rights in regard to what was intended for our mother?

ANSWER BY MARGARET CROSS-BELIVEAU:

If a will lists a specific asset with a specific beneficiary, then the beneficiary is entitled to only that specific asset if the decedent died owning the specific asset.  So, lets say that the person who writes the will (the Testator who we will call T) states that property 1 Main Street goes to A and everything else goes to B & C.  During life T sells 1 Main and with the proceeds buys 2 Main Street.  T does not update his will.  Upon T’s death, the bequest to A will lapse because T no longer owned 1 Main Street and B & C will inherit everything.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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