If my grandpa just died, are his children entitled to any of his belongings?

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If my grandpa just died, are his children entitled to any of his belongings?

Asked on October 26, 2012 under Estate Planning, Arkansas

Answers:

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

Answered 8 years ago | Contributor

Sorry to hear about your grandpa.

If he left a Will, the provisions of the Will determine inheritance.

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

Under intestate succession, if your grandpa has a surviving spouse, she inherits his entire estate.  If there is no surviving spouse, the estate is divided equally among the surviving children.  If your grandpa had a child, who died, but had children (the grandchildren of your grandpa), they would inherit the share of the estate the parent would have inherited had the parent survived.


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