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Do grandchildren get their deceased dads inheritance when the grandmother dies or does the other sibling get it all?

Sacramento, CA |

Motherinlaw died in 2010. my husband died in 2009. Sisterinlaw did not willingly share will and took all valuables out of the house and cashed in insurance policies for herself. Will said that estate and all is left to my husband and his sister. My husband had two adult kids. Not wanting to upset their Aunt, but she has not given my husbands kids a penny. Don't they count? The will did not say if one dies the other gets it all.

Attorney Answers 4

  1. Yes they should get their deceased fathers' share.. The will should have been through probate unless the estate was worth less than $150,000. I would suggest the two adult kids hire an attorney and work towards an accounting...

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

  2. I recommend you have the will reviewed, and this can generally be done with no cost to your children. That said, if the will does not say what happens if a child predeceases, the issue of the predeceased child (your husband's children) would take your husband's share. It sounds like the will was never probated and it is unclear how the aunt was able to get everything and not share. My primary question however would be, is there anything left? I understand and appreciate no one wanting to upset the aunt but they should have come forward sooner.

  3. I agree with my colleagues. I would simply add that it is possible that most, if not all of the assets, passed outside of probate and outside of the control of the Will. Jointly owned property or assets with beneficiaries designated are not controlled by the Will. Since you say that the insurance paid out to your SIL, that strongly suggests that she was named as the beneficiary. The insurance company would not have paid out, otherwise. You can check to see if a probate estate was filed. If not, then my guess is there was nothing left to probate. You have already waited 3 years on this. I echo my colleagues concerns that there may not be anything left, now.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  4. Before anyone gets anything, someone needs to file a petition to probate the Will. That is the first step in this process.

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