What, if any, rights do grandchildren have when grandparents pass?

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What, if any, rights do grandchildren have when grandparents pass?

Asked on January 17, 2015 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

None if the granparent died with a Will and the granchild was named named as a beneficiary in it. However, if there was no Will, then things may be different. When somone dies without a Will they die "intestate". In such case, the intestacy (or succession) laws of the state in which they were domiciled as of the date of their death controls. Accordingly, a person's estate is divided among their "heirs"; typically the surviving spouse and the deceadent's children. If there are none, then the remaining family members who inherit are those next in line, the grandchildren.


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