If my grandmother died without a will and my mother preceeded her in death how do i insist on my uncle and aunt probating her estate to recieve my mothers share

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If my grandmother died without a will and my mother preceeded her in death how do i insist on my uncle and aunt probating her estate to recieve my mothers share

Grandmother passed away and i have been told there is no money or property to split as grandchildren have no rights only living siblings have the decision of what to do with the property or money if any is left. My mother died in in 84 and i would think if there’s no will it would need to be probated thru intestate laws. Which means my father would be entitled to my mothers share of proceeds unless he waives his rights to me and my sister

Asked on December 7, 2017 under Estate Planning, Kentucky

Answers:

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

Answered 3 years ago | Contributor

I would strongly suggest that you and your sister hire an attorney asap.  You are VERY smart and have been able to understand the process.  Yes, the Intestacy laws apply, and you and your sister wold receive your deceased Mother's share "per stirpes" under the law in Kentucky.  What concerns me is that there were assets sold.  That can not happen without an Executor's deed.  Your Uncle will need to account for everything he has done and could be personally liable for anything that was not above board.  Check the Probate Courts to make sure nothing has been filed (in the county she resided at the time of her death).  It is a public record.  If nothing has been filed then consider requesting to be appointed as a way of chammenging him in front of the court.  Good luck.


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