How to find out about my grandmother’s Will since my father predeceased her?
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How to find out about my grandmother’s Will since my father predeceased her?
My dad passed away this year and I;m sure that my grandmother has a Will. However, she has had dementia for over a year. My dad was 1 of 3 siblings. If by chance my grandmothers will states that her assests be divided between her children even though my dad is deceased am I entitled to his share and how do I find this out because I am afraid with my dad gone I would never know what the will states. And if it is actually the one she did prior to the dementia?
Asked on October 1, 2012 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First of all, as to the existance of a Will, try asking your grandmother's friends, other relatives and check with any professionals that she may have used to handle her affairs(attorney, accountant, etc). You can also look through her things, appropriate. However,until her death, you are not entitled to know the exact contents of the Will (even if you will be a benenficary of the estate).
If she dies without a Will (i.e. "intestate"), then your father's heirs (you and your siblings, if any) would inherit. Your specific share would depend on applicable state law.
If there is a Will, then what (if anything) you would inherit would depend on whether or not your grandmother's children inherit "per stirpes" or "per capita". If per stirpes, only the living children would inherit; if per capita then you (and you siblings) would split your father's share of the estate.
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