Pregnant with a baby when Dad dies. His father died. His mother just died. Does my child split inheritance with Dad’s half brother

UPDATED: Oct 1, 2022

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Pregnant with a baby when Dad dies. His father died. His mother just died. Does my child split inheritance with Dad’s half brother

I was pregnant when my son’s Dad died.
Paternity has been proven by DNA. I
was told by his parents he had no
insurance or any assets. Now his
parents, are both deceased. My sons Dad
had a half brother that is still living
and was never adopted by his Dad’s
father. Is my son entitled to receive
his Dad’s portion of his parents estate
with his half brother? We live in

Asked on October 26, 2017 under Estate Planning, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your child's father predeceased (died before) the father's mother, he does not inherit unless she left a will stating that any grandchildren of hers would inherit (if she did, he gets whatever the will leaves him). Otherwise, if there was a will but it did not leave anything to your child, then her estate (the money and other assets she left behind) goes to whomever the wills says; and if she had no will, then people who died before her do not inherit, which means their own heirs or beneficiaries will not inherit either.

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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