If my grandpa passed away and left my aunt as beneficiary of his estate, how would the money be divided if he didn’t have a Will?

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If my grandpa passed away and left my aunt as beneficiary of his estate, how would the money be divided if he didn’t have a Will?

Asked on May 18, 2011 under Estate Planning, Texas

Answers:

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

Answered 13 years ago | Contributor

I don't quite understand how she was made beneficiary; that is what a Will does. At any rate, when someone dies "intestate" (i.e. without a Will), state law controls the distribution of an estate. Typically it's to the surviving spouse, if any, and the children. If there are no children then to the descendants (grandchildren), if none then to the siblings of the deceased (brothers or sisters).  Therefore, you would inherit not your aunt. Of course this is the general rule, each state differs.  At this point you should consult directly with an attorney in your area.


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