If my paternal grandmother died intestate after my father died and she had 5 surviving sons, am I entitled to a share of her estate?

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If my paternal grandmother died intestate after my father died and she had 5 surviving sons, am I entitled to a share of her estate?

Asked on September 10, 2011 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Actually you are entitled to a share of your grandmother's estate. When someone dies intestate (i.e. without a Will), their estate typically first passes to the surviving spouse, if any, and descendants (i.e. children). If one of them predeceases their parent, then their share of the estate passes to their heirs. So, in your situation, there were 6 siblings (your father plus 5 surviving siblings). Therefore, your grandmother's estate will be divided 6 ways. You (your siblings, if any) will inherit your father's 1/6 interest in the estate.


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