If my father predeceased my grandfather, what happens to my father’s share of the estate?

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If my father predeceased my grandfather, what happens to my father’s share of the estate?

My grandfather just died. My father died less than a year ago and my grandmother died 2 years ago. Grandpa’s Will was almost 20 years old and typed up at home stating that his eldest child was in charge of splitting everything up between his children. Am I entitled to my father’s share or does the estate just get divided up 3 ways now instead of 4?

Asked on June 9, 2015 under Estate Planning, Kentucky

Answers:

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

Answered 5 years ago | Contributor

It depends on just how your grandfather's Will is worded. Unless there is wording to the contrary, the estate will be divided either "per stirpes" or "per capita". Which means that, if you are your late father's only child, you should inherit his share. At this point, you may want to consult directly with a probate attorney.


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