Who is entitled to inherit from a grandparent who died without a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is entitled to inherit from a grandparent who died without a Will?

My grandparents raised me and had legal guardianship of me. Everyone has now passed on and my grandfather never thought he had to have a Will. He just passed away and now there is another grandchild stepping in and saying that he wants something, even though my grandfather did not mention him. My father was their oldest child and I was my father’s only child.

Asked on January 23, 2011 under Estate Planning, Missouri

Answers:

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

Answered 10 years ago | Contributor

When someone dies without a Will they are said to have died "intestate".  This means that the law of the state in which they were domiciled as of the date of their death will control.  Accordingly, your grandfather's estate will be distributed to his surviving heirs.  From what you have written, that would be his 2 grandchildren. Pursuant to state law, both of you would share his estate 50%/50%. While this may not have been your grandfather's wish, it is the law.  This is why preparing a Will is so important; it insures that a person's estate is divided as they want it to be. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption