My grandmother passed in 2001 with two of her children still living. My father passed away in 1974. Do I automatically take his place as receipeant to what would have been his? What are my rights as his son?

Not unless her will states that you are the next recipient. You will have to check the will, if you can.

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Originally Posted by dantesg

my grandmother passed in 2001 with two of her children still living. My father passed away in 1974. Do I automatically take his place as receipeant to what would have been his? What are my rights as his son?

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Depending on your State but this is pretty much Nationwide:

If there is no Will, no, you are not entitled because distribution starts (and ends) at the closest relative(s), her sons and/our daughters. If there were no surviving children, yes, the line would start at Grandchildren.

If there is a Will and you are named, yes, of course. If the Will is names beneficiaries per stirpes it means that each family group receives a share. For example, if it's per stirpes your father's family group (which, obviously, includes you) would receive one-third. Her surviving children would each receive one third because they are individually each the group right now, having survived her. It would say to my children X, Y and Z per stirpes I bequeath...

The Will might also say, "To my surviving children ..."

With a 2001 death this is probably pretty much all settled.

Did I answer your question and do you understand? The per stirpes part can get a little confusing.