Legal Question in Family Law in Pennsylvania
My grandmother passed away and in her will it state that she leaves her house to her four sons and that they have to all be in agreement in order to sell it. Well two sons have passed away one being my father and he was on ssi disability when he passed. The two remaining sons now want to sell the house what happens to my father's 1/4 and my uncle's profit (money) from the sell of the house if they have children. Does their share go to their children. The will doesn't say anything more or less than they have to all agree if they want to sell but nothing about if someone was to past away.
1 Answer from Attorneys
I answered this before. The answer is the same. Did the dead children of your grandmother die before or after her? What does your father being on SSI have to do with this?
If your father and uncle died BEFORE your grandmother, then your father's children (you and your siblings) and your uncle's children (if any - they would be your cousins) take the share of their dead parent. So 1/4 goes to your father's children and 1/4 goes to children of uncle and each of the 2 living sons get 1/4. However, if your grandmother's will provided otherwise then you need to read her will and see what it says about what would happen if any of her children predeceased her.
If your father or uncle died after your grandmother then their share of the grandmother's estate would pass to their estates and be distributed as per their wills if any or to their intestate heirs.