Do I need to list all grandchildren of a deceased child? The will states everything goes to the remaining daughter.
Do I need to list all grandchildren of a deceased child? The will states everything goes to the remaining daughter.
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Understood. Since this is in Texas, and your Aunt is the named executor, she (or her representative) should execute an Executor’s Deed transferring the house to herself — assuming probate is completed or underway.
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Do I need to list all grandchildren of a deceased child? The will states everything goes to the remaining daughter.
Lexi, Chatbot
I understand this must be a difficult situation for you. Can you clarify — are you the executor of the will or a beneficiary?
I’m not. I’m doing this for my Aunt. My mother and uncle passed, and my Aunt is the only surviving child. So must I list all my mother’s children?
Lexi, Chatbot
Have you consulted with a probate lawyer regarding the distribution of assets according to the will?
No. No one is disputing anything. Everything goes to my Aunt. There’s nothing else — just the house. The will says it goes to my Aunt.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with listing grandchildren in the will.
I’m also having a hard time finding the marriage and divorce records for both of my Granny’s marriages. Her first husband is deceased, and the second marriage was annulled.
Evan
Thanks for using AskaLawyer. My name is Evan, and I’ll be answering your question. My condolences.
Let’s start with a few questions.
- Did your Granny’s children (your mother and uncle) have any children of their own?
Yes — my mother had children (I’m one of them).
But I received a copy of the will today, and it literally says everything goes to my Aunt. There is no mention of a secondary beneficiary.
She’s the direct beneficiary and also the executor. No one is disputing that she gets everything.
Evan
Got it. That helps.
If your aunt is specifically named in the will as the sole beneficiary, and also appointed executor, then the grandchildren do not need to be listed unless required for some formality (like in an heirship affidavit when no will exists — but that’s not the case here).
It’s not a “family tree” situation if the will is valid and uncontested. The will governs.
I was just trying to help her file the deed. I read online that she needs an Affidavit of Heirship with the will to file with the county.
Evan
That’s a common misconception.
An Affidavit of Heirship is typically used only when there is no will or if it has been more than four years since the person passed away.
Since there is a valid will and the executor is named, the property should be transferred using an Executor’s Deed (sometimes called an Administrator’s Deed if there’s no will).
There’s no real estate agent or estate involved. It’s just the house. It’s in Harris County, Texas.
Evan
Understood. Since this is in Texas, and your Aunt is the named executor, she (or her representative) should execute an Executor’s Deed transferring the house to herself — assuming probate is completed or underway.
Evan
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