Legal Question in Wills and Trusts in Massachusetts
Do we get the stuff
My grandfather died recently and since my dad is dead should his children being me and my sister get what my dad would have recieved since he is listed in the will.
2 Answers from Attorneys
Re: Do we get the stuff
It depends on what the will says. Whoever has the will has to enter it in probate court, usually with the consent of the heirs as your grandfather's true last will. The executor then has to notify all those who receive anything under the will. If the will says "to my children in equal shares per stirpes" or "to my children or to the survivors of them", or similar phrases, it makes a difference. If the will says grandpa's property goes to his surviving children, you get nothing. If the will says to his children or, if they die before him, to their issue or their children, then you stand in your father's place.
You have to read the will.
Re: Do we get the stuff
Whether you get your Dad's portion of your grandfather's estate depends upon how your grandfather's will is written. Many wills provide that in the event that an adult child does not survive them that his children inherit, however it is not necessarily the case. You need to review the will.
You should get a copy of the Will and contact an attorney as soon as possbile. Please feel free to contact me if you have any further questions