Grandpa passed. 4 living child, 1 deceased. Can grandchild claim deceased childs portion. with or without will? Indiana is the state.

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Grandpa passed. 4 living child, 1 deceased. Can grandchild claim deceased childs portion. with or without will? Indiana is the state.

Asked on May 19, 2009 under Estate Planning, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, a grandchild ordinarily gets his deceased parent's portion of the grandparent's estate, unless there is some relatively unusual wording in a will that excludes the grandchild.  The details of this can differ from one state to another, so I would very strongly recommend that you discuss all the unique facts of your case with an attorney licensed to practice in Grandpa's last home state.  One place you can get information about lawyers ready to help you is our website, http://attorneypages.com


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