Ocotillo, CA Estate Planning Law Firms & Lawyers

Your grandma's personal representative can pursue this claim on her behalf. This person would be identified in your grandma's will, if she had one. If she did not, the law in Utah provides a list of who has preference to be appointed as personal representative. I recommend you consult with an attorney experienced in probate and estate planning.

Assuming the land you are referencing is still titled solely in your mother's name with no transfer on death designation, and also assuming her will is valid, then the answer to your question depends upon the terms of her will. When your mother dies, all assets that that are titled solely in her name at the time of her death and that are not passed to beneficiaries by virtue of beneficiary designations or transfer on death designations will be part of her probate estate. After all of her debts and expenses have been paid, and after the death probate process has been concluded, your mother's remaining probate assets will ultimately be distributed to the beneficiaries named in her will. If your mother's will indicates that her property will be distributed to her children, per stirpes, then your deceased sister's interest will pass to her child. However, if your mother's will indicates that her property will be distributed to her surviving children, then your deceased sister's interest will pass to you and your surviving sister. It is always a good idea to review your estate planning documents following the death of a spouse or child. Therefore, if your mother is still alive and competent, I would strongly encourage her to meet with an estate planning attorney now to review her will and other documents in order to ensure that her documents will ultimately accomplish her estate planning objectives. ___________________________________________