Legal Question in Wills and Trusts in Texas

Is grandson entitled to any of the estate?

My sister in laws exhusband died a year ago,he was convicted of a crime in another state and had no real contact with their son for 5+yrs and then died. His mother and father have both also passed away this year. His father being most recent.My sisterinlaw had nothing to do with the family,did not let them see her son,(for good reasons)but now is ready to spend thousands of $ on an attorney fighting the 2 living sons for a portion of the estate.Since she is a single mom I think that money would be better spent in saving it for her boy but she thinks he is entitled. She has seen a copy of the will and their is a little money but we do not know what bills need to be paid etc...the father was in a nursing home prior to his seath so their could be a lot of expenses. Does she have a chance on getting anything for her son? There are 2 sons that the estate has been left to and other grandchildren that were closer to the grandparents. Apparently the will is in order and done well. What are her chances?

Asked on 1/03/05, 10:40 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Is grandson entitled to any of the estate?

It all depends upon the language of the will. If it left to his sons per stirpes, then the child would get his father's portion. But if it left per capita (by head-count) then only the remaining sons would take.

If the will is a good and valid will, she has almost no chance of breaking it.

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Answered on 1/03/05, 10:55 pm

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