What are a non-US citizen grandchild’s inheritance rights if a US citizen grandparent dies?

UPDATED: Dec 27, 2014

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What are a non-US citizen grandchild’s inheritance rights if a US citizen grandparent dies?

I was in regular contact with my grandmother who lived in US and then suddenly no more calls and letters. Then, 6 months later, I decided to google her name and found an obituary. It turns out that she had passed away and her daughter who lives in US didn’t notify us. My grandmother had 2 children, the daughter who lives in US and my father who passed away. Yet, the obituary mentions only one child. I would like to know if my father and aunt would have a 50/50 split of ownership, and when my father passed I would inherit his 50% ownership rights? I need to know if I have any rights to the proceeds and how much would it cost to pursue the action?

Asked on December 27, 2014 under Estate Planning, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it evolved.  I need to assume for the moment that your grandmother died in the state of Michigan since that is the state that you listed when you wrote the question.  I would suggest contacting an attorney in the area to help you with any of this because you are abroad. If your Grandmother died with a Will then the WIll was probated in the county in which she resided at the time of her death and is a public record.  So you or your representative can take a look at what was written and what is going on with it. You will then know if you were left anything but more importantly you will have a right to contest the Will if you think there is reason (undue influence etc.).  If your Grandmother died with out a Will then the intestacy statute in Michigan will apply and you would indeed inherit a portion of her estate since you are the heir to her son.  Again, please get help.  Good luck.

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