What legal rights do grandchildren have to the estate of deceased grandparent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What legal rights do grandchildren have to the estate of deceased grandparent?
Asked on July 22, 2014 under Estate Planning, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.