My grandmother died without a will My father her only child is dead I was her power of attorney health care proxy and my sister and I are her only grandchildren what do we do

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My grandmother died without a will My father her only child is dead I was her power of attorney health care proxy and my sister and I are her only grandchildren what do we do

My grandmother died with no will her son her only child is also dead
we are living in California she was living with me for the last 2 1/2 years and in
and out of nursing homes depending on her health
she has 2 grandchildren myself and my sister my grandmother also has a sister
that is still living
there is no will
do we inherit
can we petition to inherit?

Asked on May 4, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If your father died before your grandmother, you do not inherit unless she had a will specifically living something to you. When there is no will, assets pass by "intestate succession," which is the rules for who gets when when there is no will. In your state, CA, if there are no living children but there is a living sibling (her sister; you great-aunt), the sibling inherits everything before grandchildren get anything.


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