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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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