If my grandmother passed away and her only 2 children were my dad and my aunt but he’s passed away, am I entitled to his inheritance?

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If my grandmother passed away and her only 2 children were my dad and my aunt but he’s passed away, am I entitled to his inheritance?

My aunt is still alive.

Asked on March 19, 2015 under Estate Planning, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sorry to hear about your grandmother and your dad.

If your grandmother left a Will, the Will is controlling as to determining beneficiaries and their inheritance.

If your grandmother did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, if you don't have any siblings or deceased siblings who left children, you would inherit your dad's share of your grandmother's estate.

If you have siblings or deceased siblings who left children, the share you inherit wuold be divided with them.

For example, if your grandmother died intestate, and you had one sibling, your aunt inherits 1/2 of your grandmother's estate while you and your one sibling would each receive 1/4 of your grandmother's estate because you and your sibling would divide the 1/2 of the estate your dad would have inherited


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