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    six4pin81's Avatar
    six4pin81 Posts: 2, Reputation: 1
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    #1

    Aug 31, 2006, 01:09 AM
    Do I have any claim to grandmothers estate
    My father died in January, 5 or 6 months prior to his death he received his part of his mothers' (my Grandmother) estate. His mother was never told he was dying, my grandfather died of the same thing as dad and we didn't think Grandma's health could take the blow. Since dad left his estate to his wife (my stepmom) it left the entire families wealth to a non- blood relative. Do I have claim to a portion of my grandmothers estate under surviving child of deceased beneficiary.
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Aug 31, 2006, 08:34 AM
    Generally, no. Sad but true, I know.

    If he left everything to her, then that's legally where it has to go.

    Yes, there are some who would pursue this sort of thing saying that the deceased was not of sound mind when the will was written, or that the will itself is not valid, but that's up to you whether you want to hire an attorney and get his opinion as to whether it's worth the effort (and cost) or not.

    ... sorry to be the bearer of bad news...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 31, 2006, 08:58 AM
    Let me get this straight, did Grandma die or what. You state that your dad got his portion because they didn't want to tell Grandma he was dying. So that would indicate she was alive.

    But be that as it may, Grandma doesn't really enter into this. It was your father that died leaving everything to the stepmom. Its HIS estate you are after. I assume this was done in a will. If so, then your only recourse is to contest the will. You will need to discuss the possibility of a successful action with an attorney. Any situation where a parent completely disowns offspring is suspicious. But if dad had a good lawyer, then the will may not be contestable.
    six4pin81's Avatar
    six4pin81 Posts: 2, Reputation: 1
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    #4

    Aug 31, 2006, 09:33 AM
    Thank you rickj, I suspected this would be a valid will and I would have no ground to stand on. To answer your question ScottGem, Dad was ill for 4 years and Grandma died in year 3. I'm still waiting for the will to arrive in the mail, so I'll know if Dad disowned me. It's to bad but this would be consistent with my dad, A completely self centered ----- and willing to give the family fortune to a non-relative.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 31, 2006, 10:03 AM
    Ok, So dad inherited. So like I said Grandma is out of it and its now Dad's estate.

    Just curious but how long was dad married to stepmom?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    Aug 31, 2006, 04:10 PM
    In some states, law varies, and children would be required to be mentioned in a will, if merely to say they don't get anything ( so it may be worth talking to a probate attorney)
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Sep 1, 2006, 05:52 PM
    I'm presuming that your grandmother is deceased. That being the case, the answer to your question is most likely no. Once your father inherited that portion of your grandmother's estate, it became his property. Inasmuch as he willed all of his estate to his wife, there is little you can do to contest or change that.

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