Whatrelatives are entitled to inherit from a deceased parent/grandparent?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Whatrelatives are entitled to inherit from a deceased parent/grandparent?

My grandmother is in the finalization of completing probate on her mother property, she’s the administrator, she’s entitled to 1/3 of the property, she just been diagnosed with terminal cancer. However, 2 of her children and are taking charge of the probate, by trying to sell the home. My grandmother had 6 children, 2 deceased. Now 2 of the living children said when she dies, the living children are the only one’s entitled to the proceeds, not the deceased children. Is that true?

Asked on December 29, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for the situation you are in.  It sounds as if there is a lot going on here.  First, the home that they are trying to sell, is it part of the estate of your great grandmother? Then your grandmother will receive a third of that in to her estate by what you have said.   What you have to keep sight of is that your grandmother is not dead yet so no one is entitled to anything from her estate at this point in time and that is what you need to focus on.  Now, if the 2 children are trying to manipulate the proceeds of what would be your Grandmother's estate then there is a problem.  Maybe some one has to approach your grandmother and discuss a Will or if she is not in a state that would allow that, to approach the court to become her guardian or conservator.   If she dies with out a Will (intestate) then it appears that the children of the deceased children will get a portion of the estate that would have gone to their parent, but you need to confirm that with an attorney in California.  That is to say if there is any estate left to divide given what the other siblings are doing.  Get help here.  Good luck.


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