If my grandmother died recently, can I claim my absent father’s inheritance?

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If my grandmother died recently, can I claim my absent father’s inheritance?

The Will says the wealth is to be split between my grandmother’s children (2 uncles, 1 aunt, and my dad). My father is no longer a U. citizen and is no longer in the US nor does he have any plans to return. He didn’t pay child support for a number of years either. Can I claim his inheritance instead of him?

Asked on May 16, 2012 under Estate Planning, Idaho

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. Your father does not have to be a US Citizen to claim his inheritance.  Did you or your Mother ever obtain a judgement against your Father for the support?  Even if you did not I would go and speak with an attorney about collecting now.  You yourself may have the ability to collect up until a certain point after you reach majority.  Good luck.


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