Legal Question in Wills and Trusts in Alabama

Re: Grandchildren left out of inheritance

While there are some important facts missing from your post, I am assuming that this was an Alabama estate, but you live in Georgia. Under Alabama probate law, you and your siblings stand in your father's shoes and divide up equally whatever your father would have gotten. If there is a will that disinherits him, then you are disinherited. However, if there is no will then your father would have gotten his pro-rata share of the estate and you and your siblings are entitled to that. If the will states something like "to all my children share and share alike" or words to that effect, then you and your siblings should get their share. There are other issues involved as well and if this is an Alabama estate near Birmingham, Alabama, please call me at 205-458-1100 and I will be happy to see what I can do. One of the most important questions is whether there is enough in the estate to make it worth fighting for. Real Estate could make a big difference in such cases. Again give me a call if this is an Alabama estate anywhere near Birmingham. If not, get an attorney to do a little investigation. It certainly doesn't meet the smell test.

Sincerely,

Re: Grandchildren left out of inheritance

Perhaps, but you need to locate the exact set of operative facts. If there is a Will and it excluded your father, then you are out of luck. (Check the local probate court records in the county in which your Grandfather passed away). If your Grandfather died intestate (w/o a will) then the lawyer should have included (you, your brother and sister) standing 1/3, 1/3, 1/3 in the shoes of your deceased father. Your "family" would only get that % your father would have inheirited, then divided by the number of children in the family. There are, however, potential issues of lapse, but with no facts, it is impossible to go there. Good Luck, The Probate Court should be your first stop, then the lawyer who settled the affairs. HCW