3 years ago both my parents died.. Then in the beginning of March, I lost my grandmother and I am having a hard time to deal with it all. A few days ago one of her children told me that since there is no will and everything is going to be probated my siblings and I would be able to collect my mother's portion of the inheritance. She has 5 surviving children and 3 of them say that we should not receive any of the estate. I am not sure if I should pursue this or not. I don't know how this works. Can someone please help me figure this out.

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Originally Posted by Mae West

3 years ago both my parents died.. Then in the beginning of March, I lost my grandmother and I am having a hard time to deal with it all. A few days ago one of her children told me that since there is no will and everything is going to be probated my siblings and I would be able to collect my mother's portion of the inheritance. She has 5 surviving children and 3 of them say that we should not receive any of the estate. I am not sure if I should pursue this or not. I don't know how this works. Can someone please help me figure this out.

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You really need to speak face to face with an attorney that practices in Maine assuming that you parents and your grandmother were legal residents of Maine athe time of their passing, had their wills drawn according to Maine law. If any other states are involved that attorney will probably seek the advice (or make arrangements to contact) of the attorney in any other state as appropriate. But let me assume a couple of things if you don't mind and please keep in mind that I am not an attorney and only an insurance agents who have written several hundred probate bonds over the last 20 or 25 years. First I will assume (and perhaps not correctly) that you father passed away before your mother. I will also assume that the laws of intestacy in Maine provide, as most states do, that your mother's estate passed to the surving spouse, your mother and also that there were no surviving minor children. This is really assuming a lot and that's why this may not be the place to specifically answer your question, but at least it will serve to let you know that you need the services of attorney. Continuing with my assumption that your mother's estate now consist of what your father owned since it "normally" poss to her, then the surving 5 children would then be in line to share and share alike, the contents of your mother's estate. I am confused that you bring your grandmother into the matter since it not normal for most state's laws of succession to have your mother's estate pass to a surving parent. Rather it's more customary to have one's estate pass to surving children. You stated that all who passied, mother, father and gr mother all passed with no will ? Am I correct ? Regardless, you can see that you really need to sit down if not with an attorney but at least a paralegal who works for an attorney if paralegal's are allowed in your state.

[F]Thank you for your help.. I guess that i was kind of vague when i wrote out the question. Let me explain it better. My father died first. Then my mother six weeks later. They had nothing. Then 3 years later my grandmother died. It is my grandmother's estate that has gone to probate. She died and had no will. Now that she is dead her children will split the estate. However a few of them think that my siblings and I are entitled to my mothers part of our grandmothers estate.. that is what is in question. i know i need a lawyer but i am only 20 and i do not make a lot of money. so that is why i thought i would try here first.. maybe this new info will make it easier for everyone to understand.. thanks again for your help:)

In many areas yes you would have a claim to her estate, there are two ways that things go, one would include you as heir, the other would not.

I just am not sure which way they do their probate, but it is very possible that because there was no will you will have a claim, I would follow up if the estate is large enough to make it worth it.

According to Maine's laws of intestacy you are definitely entitled to a share of the estate. If they refuse to give you your share then you should see an attorney.

Maine follows the rule of "per capita at each generation". That law is cited as Title 18-A, Article II, Section 2-103. You can read it at Title 18-A - §2-103. Share of heirs other than surviving spouse or surviving registered domestic partner

It's a little confusing but there's a pretty good explanation of it at Trusts and Estates - What is per capita at each generation distribution?

Tell them that you're entitled to it by law and if they try to keep it from you that you'll retain an attorney and they'll have to pay the legal fees.