My Grandparents Will

UPDATED: Sep 30, 2022

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My Grandparents Will

My mother has passed, and unfortunately my grandmother is ill in the hospital. I know they would have wanted me to have something but my uncle is power of attorney and I’m afraid he will keep it for himself and my 2 cousins without a full share between all 4 grandchildren. I was brought up by my grandparents and have spent time looking after them also in their later years. What am I legally entitled to, if anything?

Asked on July 17, 2017 under Estate Planning, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is a will, you get whatever they left you by will--no more and also less.
If there is no will, it passes by intestate succession. Since your mother predeceased your grandmother, her estate would go to her surviving children (e.g. your uncle); only if there were no surviving children would it go to grandchildren, if there was no will.
It is legal for your grandather to not leave you anything: the law does not require grandparents to leave anything to grandchildren. It is not fair, based on what you write, but that is a different story.

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 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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