Do grandchildren have any rights after grandparents death?
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Do grandchildren have any rights after grandparents death?
My grandfather took ownership of the house
after his parents died. He then married my
grandmother for 35 some years. I am 30. He
died with no will surprisingly. My grandmother
recently died also with no will. Her sisters are
trying to take ownership etc. Do they have the
right? My mom, my uncle and the grand kids of
my grandfather.. do we have legal rights?? My
grandmother is still on the house with my
grandfather. What do we do? Please help
Asked on April 20, 2019 under Estate Planning, Rhode Island
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
When there is no will, assets of the deceased pass according to "intestate succession." In your state, that means that if the deceased left behind children, the children--NOT the deceased's siblings--inherit. If all your grandmother's children are still alive, they share in the house and anyhing else owned by your grandmother equally. If any of her children passed away before her and the child who passed away had children (i.e. grandchildren) of her or her own, the deceased child's own children share in the deceased child's share (i.e. they split the share their deceased parent would have received). (If a child died without children of his/her own, that child's share is divided among the surviving children of your grandmother.) Your grandmother's sisters do NOT inherit unless the house had a deed which which was specifically "transfer on death" to them--i.e. the deed itself said they received the house when your grandmother died.
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