What can my children do to get what their grandmother wanted therm to have and what the Will states?

My 2 grown children are named as heirs in their paternal grandmothers Will, which she did after the death of their farther (her son). The 4 other heirs (her sons) do not want to split their inheritance with my 2 children and are trying not to have to give them an actual 1/5 of the total property she owned when she died. Her represtentive is reporting a substanially lower amount for the personal property that she owned at her death. Is this legal?

Asked on November 11, 2012 under Estate Planning, Ohio

Answers:

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 as it stands now.  It is difficult to discern what is going on with out reading the Will itself.  But as I understand it the estate is now to be split 6 ways - equally amongst the brothers and your children - rather than the children sharing their Father's share, which is what the brother's wish. What you need to do is to get an attorney for your children involved in the matter and to make sure that things are on the up and up here.  They can not go against the Will.  And you are entitled to an accounting.  Good luck. 


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