What direction should I go in not to be removed as heir to my grandmother’s esate?

UPDATED: Oct 1, 2022

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What direction should I go in not to be removed as heir to my grandmother’s esate?

My cousin is trying to remove me and two brothers as heirs to my grandmother estate. She did not leave a will when she passed away. There is a court hearing coming up. I read her affidavit and there are many things I can prove that are wrong. She states I am not a blood relative.

Asked on October 12, 2018 under Estate Planning, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there is no will, then the estate will be distributed according to the rules for "intestate succession"--who gets what when there is no will. What you need to do is prove that you fall under those rules and so should inherit. That may mean, for example, proving your relationship (e.g. by birth certificates; by having relatives come and testify as to how you are related; etc.) in order to qualify.

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 AttorneyPages.com 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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