What are a grandchild’s inheritance rights?

My aunt and uncle outlived my father (all siblings). They have POA for my grandparents and have been working with lawyers. Assuming they have included only themselves in a Will through a lawyer to inherit my grandfather’s estate (split then 50/50), do my sister and I have any right to inheritance via per capita with representation or per stirpes, etc? I figure my mom (daughter-in-law of my grandparents) has no right, correct? I’m hoping my sis and I do though.

Asked on June 7, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  A POA does not have the right to create or sign a Will for a person or persons.  The law does not allow that.  So although your aunt and uncle may be able to influence your grandparents they cannot sign a Will.  Now, if you believe that they unduly influenced them then you have to move to set the Will aside once they pass.  Understand that children do not have an absolute right to inherit from their parents.  Good luck.

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