Legal Question in Wills and Trusts in Indiana
Does grandson have rights to deceased fathers portion of grandpartns will?
Recently my husbands father passed away. His father's mother is still alive. We would like to know if my husband has rights to what his father would have inherited if he had outlived his mother.
2 Answers from Attorneys
Re: Does grandson have rights to deceased fathers portion of grandpartns will?
If your husband's father's mother (who I presume is your husband's grandmother) dies without a will according to Indiana law, the share that would have gone to her child who predeceased her will be divided among his children. If she had a will it will provide in some manner for whether the devise to the son who predeceases her to go on to his issue or to be divided among his siblings who survive her. If the will does not specify it is more likely than not that it will descend to the deceased's child's own children.
Re: Does grandson have rights to deceased fathers portion of grandpartns will?
Depends on whether his grandmother has a will or does not have a will. If she has a will, she can arrange for the gift which would have gone to her son to go to anyone she wants. Maybe she didn't even give anything to her son. Mothers are sometimes disappointed with their children. But typically in a will the decedent will provide that gifts to predeceased children go in equal shares to that predeceased child's children. This is also the net effect of dying without a will.