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Inheritance from a Grandfather

Lynn Haven, FL |

My Grandfather lived in PA but passed. He owned a second house that his care taker was staying in and he said she could stay there until she dies. Well she passed. During the original arrangements my Grandfather said once that house was sold his 4 children would split the proceeds once all legal fees where paid. My mother being one of the 4 had passed before the house was sold. Once the house was sold the Lawyer involved gave her spouse (#2) the check for her portion of the inheritance from the sale. My questions are, shouldn't that Lawyer have contacted me? The way I read PA law is my mom and her husband had nothing to do with that property so PA surviving spouse law should not be involved. My two brothers and I should have split that money correct? Thanks.

I also have a letter from the Lawyer discussing with her spouse that he will send him the check and that the spouse should cut the other checks. How can that Lawyer do that?

Attorney Answers 4

  1. Best answer

    The result depends on whether your grandfather left a will instructing what would happen if one of his children predecessed him whether the estate passed by intestacy. Under the second scenario you would inherit but possibly not under the first. Consult with a probate attorney to determine if the distribution was correct.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

  2. Attorney Reed is absolutely correct. You need to see Grandpa's will to obtain the answers to your questions. Then seelittle competent counsel to explore your options.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained.

  3. All any of the lawyers here can do is speculate without seeing the documents. I speculate that your mother became an owner upon your grandfather's death. When she passed she left her estate to her husband, and that's how he got the check. But I am speculating. I agree with the other attorneys, take your documents to a lawyer so she can read them and give you the correct answer.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

  4. Since there are differences, state to state, in Probate laws, you may want to repost in PA so that a lawyer that is versed in that law can respond.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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