my mom is named in her uncle will and she passed

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my mom is named in her uncle will and she passed

my mom is named in her uncle will who passed 12/29/18 she gets 60 ,her cousin
30 and 10 to his church ,my mom passed 2/1/2019 probate hearing for uncle will
is 2/18/2019 ,what happens to her share in this situation ? thanks for any help

Asked on February 11, 2019 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your mother otlived your uncle, tne her estate is entitled to her share. A beneficiary does not need to liveuntil probate is closed. Accordingly, you and your siblings (and her surviving spouse, if any) will share in the inheritance. Exactly what that share is depends on whether or not she had a Will or died "intstate"(i.e. without a Will). 


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