What do I do regarding my late father’s inheritance?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I do regarding my late father’s inheritance?

My grandmother recently died. She was my deceased father’s mother. My mother attended the reading of the Will along with my father’s siblings, my aunt and uncle. The estate is to be divided between my aunt, my uncle and my father, per stirpes. No one has talked to me at all. My uncle took her car. What

should I do?

Asked on May 6, 2018 under Estate Planning, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You write that the estate was left to your aunt, uncle, and father "per stirpes." Per stirpes ordinarily means that if one of the heirs (your father) predeceases (dies before) the person they are inheriting from (your grandmother), then the heirs of the person who passed away (e.g. your mother and/or you) will inherit their share. So except in the circumstance described below, you and/or your mother should have inherited; you may wish to retain a probate attorney to help you challange the distribution of the estate, since except as below, you would appear to have a valid challenge when it was a per stirpes distribution.
The exception would be if the will specifically stated that if somone passed away first, their heirs would not inherit, that is legal--such a provision wold be inconsistent with "per stirpes" distribution, but it could be simply a not-well-drafted or -written will. So if there is some provision or term in the will denying an inheritance to your father's heirs, then you and/or your  mother would not inherit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption