What legal rights do grandchildren have to the estate of deceased grandparent?

Asked on July 22, 2014 under Estate Planning, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, I'll assume that your grandparent's did have not a Will (if they did then its terms will specify what, if anything, you would be entitled to). In a case in which someone dies without a Will they are said to have died "intestate'". Accordingly, the intestacy or "succession" laws of the state in which they were domiciled as of the date of their deaths will control. Typcially, an estate will be split equally among the deceased's children, not grandchildren. So unless your parent predeceased (i.e. died before your grandparents), you will not legally inherit any part of the estate. If your parent did die first, then you (along with your siblings) would be entitled to split your parent's share.

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