If my late grandmother (who was my deceased mother’s stepmother) has an estate but no living bloodline, would we as her step-grandchildren have any claim to it?

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If my late grandmother (who was my deceased mother’s stepmother) has an estate but no living bloodline, would we as her step-grandchildren have any claim to it?

Asked on March 20, 2014 under Estate Planning, Rhode Island

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

If your grandmother had valid a will, then the estate will pass according to the terms of her will.  If not, and if she had a husband who was still ailve, most state's laws of intestate succession say that the husband gets the estate in most cases.  If no husband and no children, no grandchildren, no living siblings, and no living parents, the state may acquire the estate.  Step-children who were not legally adopted and their children generally do not automatically have a stake, but if the choice is them or the state, I think most courts would favor the step-grandchildren.  Get a probate attorney to represent you. 


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