Grandpa passed. 4 living child, 1 deceased. Can grandchild claim deceased childs portion. with or without will? Indiana is the state.

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Grandpa passed. 4 living child, 1 deceased. Can grandchild claim deceased childs portion. with or without will? Indiana is the state.

Asked on May 19, 2009 under Estate Planning, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Yes, a grandchild ordinarily gets his deceased parent's portion of the grandparent's estate, unless there is some relatively unusual wording in a will that excludes the grandchild.  The details of this can differ from one state to another, so I would very strongly recommend that you discuss all the unique facts of your case with an attorney licensed to practice in Grandpa's last home state.  One place you can get information about lawyers ready to help you is our website, http://attorneypages.com


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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