When does grandchildren becomes Heirs?

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When does grandchildren becomes Heirs?

Good morning. My name is Dee. 2007 My grandfather passed away WITHOUT a will, at that time he had 5 children in 2017 my aunt and uncle passed away, my aunt has 1 child/son does he inherit my aunts heirs to my grandfather property? Or does my aunt inheritance goes to the living siblings? Does all the siblings have to pass away before the grandchildren becomes an Heir? Thanks

Asked on July 25, 2017 under Estate Planning, Florida

Answers:

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

Answered 3 years ago | Contributor

If someone dies without a Will, they die "intestate". This means that the intestacy laws of the state in which they were domiciled as of the date of their death will prevail. In FL (assuming this was the state), the surviving spouse, if any, and the children of the deceased share in the estate. If there is not surving spouse, then the chilren take equal shares. If one of the heirs dies, then their share goes to thier children (i.e. the granchildren of the deceased).


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