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View Full Version : If grandmother dies with only grandchildren living, how is her estate divided


Trina689
Jan 23, 2014, 09:31 AM
My husbands grandmother passed away after her children. Her direct heirs are now her 6 grandchildren. How is it divided now? She had 2 children is it half to the one family and half to the other or divided by 6?

talaniman
Jan 23, 2014, 09:52 AM
Does she have a will, power of attorney, or estate manager?

AK lawyer
Jan 23, 2014, 10:12 AM
If she died without a will, the intestacy statute in her state or country will supply the formula for who gets what portion of her estate. It varies from place-to-place. It might be per capita (one share for each grandchild) or per stirpes (one portion to the family of each of her children, each portion to be divided equally among the children of such child of hers).

And Taliniman, a POA would have nothing to do with it.

ScottGem
Jan 23, 2014, 10:32 AM
Any question on law needs to include your general locale as laws vary by area. If there was a will, then the estate is divided according to the will. If no will, then its divided according to the local laws. And since you didn't tells us where she lived, we can't answer.

Some areas will say half to each set of grandchildren, others will say equally to surviving descendents.