Legal Question in Wills and Trusts in Pennsylvania

If he had a will it would pass according to that document. Without a will it would pass intestate if he did not have a wife and child then it would pass most likely pass to his parents.

I agree with Attorney Weinstein . Unless you formally adopted the child, if he had NO will (and very 18 year olds do) then the grandparents do not stand to inherit anything from the grandson's estate.

However, there may be a forfeiture of inheritance rights here and you need to get up with a probate attorney NOW.

The statute below provides, in relevant part that a parent who fails to support the child or abandoned the child has forfeited his/her right to inherit. If both parents forfeited their right then by default the maternal and paternal grandparents would stand to inherit from the dead grandchild's estate if the grandchild died without a will. Obviously if a valid will existed it would be controlling here but as I said, very few 18-year olds make wills. This case shows why it really is important for 18 year-olds to do so because somethjing freaky can happen and a 18-year old with no assets could wind up a dead millionaire and it seems very very wrong for the people who abandoned or failed to support the child to be entitled to share in the dead child's estate.

20 Pa.C.S.A. � 2106. Forfeiture

(b) Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has :

(1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or

(2) been convicted of one of the following offenses under Title 18:

section 4303 (relating to concealing death of child);

section 4304 (relating to endangering welfare of children);

section 6312 (relating to sexual abuse of children);

or an equivalent crime under Federal law or the law of another state involving his or her child;

shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child.