Legal Question in Wills and Trusts in California
Siblings entitlement to estates
My Grandmother passed away on September 12th, 2002, My father, her son passed away prior to his mother death last year on June 13th, 2001. My father is mentioned in his mothers will. Since my father is dead would I be entitled as his only remaining legal sibling to his portion of my grandmas estate or would my Dad's portion of the estate be divided amoungst the 3 children of my grandmother who are my fathers brother and sisters ??? That is my question, do I have a legal right to my Dad's portion of his mother estate ???
2 Answers from Attorneys
Re: Siblings entitlement to estates
You need to consult legal counsel in the location where your grandmother died. If she provided for her property by will or trust, your inheritance depends on the provisions she made for children who predeceased her. If she died without providing for her property, then your inheritance depends on the state laws for intestacy. She may also have left property titled jointly in your name, which could pass to you directly at your death, even if she did not provide for you otherwise. It often takes several months to sort out a financial situation, so don't be surprised if there has been some delay in notifying you. But, do check with local counsel who can do some investigating and assessing of the situation for you.
Re: Siblings entitlement to estates
Normally the children of a deceased & related beneficiary are entitled to share the deceased person's share, unless there is language in the will stating otherwise, so you are likely entitled to your father's portion of the estate. You should have an attorney review the will to be sure.
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