My mother is deceased her father passed away today. Can I claim her inheritance

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My mother is deceased her father passed away today. Can I claim her inheritance

My mother is deceased her father passed
away today. Can I claim her inheritance

Asked on August 4, 2018 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on several factors:
1) Did your grandfather have a will? If he did, the inheritance goes to whomever he willed it to, which may or may not be you (i.e. may not be you specifically, or may not be grandchildren, or may not be family at all, etc.).
2) If there was no will:
a) Was your grandfather married when he passed away? That means that his spouse will get some or possibly all of his estate (depending on which state he resided in; for example, in OH, if he had a surviving spouse, she inherits everything if all his children were with her; if he had children by someone else, the suviving spouse gets a bit more than 1/2, the children share the other1/2).
b) Are there other surviving children of your grandfather (e.g. uncles, aunts, or half-uncles or half-aunts of yours)? If so, nothing will go down to the grandchildren level; grandchildren may only inherit when there is no will if there are no surviving children.
So it is impossible to say whether you are entitled to anything without knowing if there is a will and, if so, what it says; and if no will, who are the other surviving relatives.


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