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    dantesg's Avatar
    dantesg Posts: 3, Reputation: 1
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    #1

    Apr 6, 2008, 01:24 PM
    Hier to estate
    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?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 6, 2008, 02:20 PM
    Not unless her will states that you are the next recipient. You will have to check the will, if you can.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 6, 2008, 03:43 PM
    Quote 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?

    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.

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