Whatrelatives are entitled to inherit from a deceased parent/grandparent?

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Whatrelatives are entitled to inherit from a deceased parent/grandparent?

My grandmother is in the finalization of completing probate on her mother property, she’s the administrator, she’s entitled to 1/3 of the property, she just been diagnosed with terminal cancer. However, 2 of her children and are taking charge of the probate, by trying to sell the home. My grandmother had 6 children, 2 deceased. Now 2 of the living children said when she dies, the living children are the only one’s entitled to the proceeds, not the deceased children. Is that true?

Asked on December 29, 2011 under Estate Planning, California

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for the situation you are in.  It sounds as if there is a lot going on here.  First, the home that they are trying to sell, is it part of the estate of your great grandmother? Then your grandmother will receive a third of that in to her estate by what you have said.   What you have to keep sight of is that your grandmother is not dead yet so no one is entitled to anything from her estate at this point in time and that is what you need to focus on.  Now, if the 2 children are trying to manipulate the proceeds of what would be your Grandmother's estate then there is a problem.  Maybe some one has to approach your grandmother and discuss a Will or if she is not in a state that would allow that, to approach the court to become her guardian or conservator.   If she dies with out a Will (intestate) then it appears that the children of the deceased children will get a portion of the estate that would have gone to their parent, but you need to confirm that with an attorney in California.  That is to say if there is any estate left to divide given what the other siblings are doing.  Get help here.  Good luck.


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