Do I have any rights on my grandson’s behalf regarding his inheritance if I am his legal guardian?

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Do I have any rights on my grandson’s behalf regarding his inheritance if I am his legal guardian?

I am legal guardian of my grandson. His paternal grandmother passed last year and a wrongful death claim was pursued. I have not been able to reach the personal representative for the estate (paternal grandfather) or his attorney to find if the estate has settled and what my grandson can expect from the settlement. It has been a year since the claim was filed. I have been informed recently that his paternal aunt has decided to take the inheritance and decide where it should go.

Asked on April 2, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for his loss.  I am assuming that the grandmother died intestate here, meaning with out a Will, correct?  Then the intestacy statutes will govern how the estate - and her the settlement proceeds are part of the estate - will be distributed.  You yourself are not entitled to any funds but your grandson may be.  It really depends on the familial situation.  If his other grandparents had no other children other than the ones they had together (and I am assuming that your grandson is a child of one of their children) then the grandfather really inherits everything under the changes to the Florida Law in 2011.  I would consult with an attorney about it and ask him or her to inquire for your grandson.  Good luck.


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