My Grandparents Will

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My Grandparents Will

My mother has passed, and unfortunately my grandmother is ill in the hospital. I know they would have wanted me to have something but my uncle is power of attorney and I’m afraid he will keep it for himself and my 2 cousins without a full share between all 4 grandchildren. I was brought up by my grandparents and have spent time looking after them also in their later years. What am I legally entitled to, if anything?

Asked on July 17, 2017 under Estate Planning, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is a will, you get whatever they left you by will--no more and also less.
If there is no will, it passes by intestate succession. Since your mother predeceased your grandmother, her estate would go to her surviving children (e.g. your uncle); only if there were no surviving children would it go to grandchildren, if there was no will.
It is legal for your grandather to not leave you anything: the law does not require grandparents to leave anything to grandchildren. It is not fair, based on what you write, but that is a different story.


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