If my father predeceased my late grandmother who died without a Will, am I entitled to a part of her estate?

UPDATED: Oct 1, 2022

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If my father predeceased my late grandmother who died without a Will, am I entitled to a part of her estate?

My father died 25 years ago. My grandmother only had 2 children, my aunt and my dad. My grandmother died years later without a Will. My aunt took all assets funds. What were our rights at the time as my father’s only living heirs?

Asked on October 15, 2017 under Estate Planning, Minnesota


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

Answered 5 years ago | Contributor

If your grandmother died without a Will, then she died "intestate". This means that her estate will be divided between her surviving spouse (if any) and her children. This means that your father and his sister are your grandmother's heirs. However, since your fathter predeceased your grandmother, then his share of the estate goes to his children. his means that you (and your siblings, if any) are entitled to his 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.

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