Am I entitled to receive some of my grandparent's inheritance? 14 Answers as of June 02, 2013

I am a child born out of wedlock, and my grandparents died and their estate was settled without me being involved. Am I entitled to receive some of their inheritance?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
I am sorry about the loss of your grandparents. You may have an interest in your grandparent's estate but it depends on several considerations. Which grandparent was last to die? Was there a will? Did your grandparent(s) die without a will? Are you a maternal or paternal descendant? Is the parent (your mother or father) who descended from your grandparents still living? Was an estate opened? When? Has the estate been closed? Etc. If you feel you may have an interest in your grandparent's estate, I advise you to meet with an attorney who can familiar with the facts surrounding your concern and counsel you on whether or not you have a valid claim.
Answer Applies to: Indiana
Replied: 12/9/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Maybe. You should have hired a lawyer. Hopefully you didn't wait too long and lose possible rights.
Answer Applies to: Georgia
Replied: 5/31/2013
Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
If your parent (your grandparents child) was alive, and their was no will, that parent should have gotten their share. If your parent died before your last grandparent, then the parents share would go to the parents children. If the parent died after the last grandparent, it goes to the parents estate. If the parent recognized you as a child, you should have been provided notice of the proceedings.
Answer Applies to: Alabama
Replied: 12/6/2011
Bullivant Houser Bailey PC
Bullivant Houser Bailey PC | Darin Christensen
Assuming your paternity has been established, you would inherit from them only if a) they have no will and your parent is deceased or b) if they have a will that provides for you (including through its definition of grandchild).
Answer Applies to: Oregon
Replied: 12/6/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Your status as a child born out of wedlock does not preclude you being determined an heir. You are a blood relative of your grandparent. Did your grandparent have a Will? If so, your grandparent is entitled to leave his/her estate to whomever he wishes. He/she could also choose to define a child as excluding a child born out of wedlock. Was the estate intestate(no Will)? If so, the estate cold have passed to an heir, or group of heirs, having higher priority than you.
Answer Applies to: Minnesota
Replied: 12/6/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It is hard to say. If they had a Will that included you as a beneficiary, then yes. If they had a Will that did not include you as a beneficiary, then no, unless your parent predeceased them, then maybe. If they died without Wills and your parent survived them, then no. If your parent predeceased them, then maybe.
    Answer Applies to: Nevada
    Replied: 12/6/2011
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If either of them left a will and included you in it, yes. If your parent who is their child passed away before them and neither of them left a will, yes. But if other cases, not necessarily. Each grandparent's estate needs to be considered separately. If neither left a will then your parent would inherit as an heir at law. If you were not legally adopted, you would be an heir of your mother and your father, if paternity was established legally. However, heirs don't necessarily inherit if someone leaves a will making other provisions.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You have provided too little information. Did they have a will or a trust? If they did, then who is named in the will or trust are the beneficiaries and whether you are related or not doesn't matter. If they did not have a will or trust, then it depends on the state where they lived as to who is entitled to inherit without a will, whether the grandparents are maternal or fraternal and if you are a recognized relative based on that relationship.
    Answer Applies to: California
    Replied: 12/6/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The distribution of an estate is determined by a Last Will & Testament or other device distributing property upon death. As a grand daughter you have no standing as to the distribution in a Grandparent's Will. You would in your parent's will.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Law Office of William L Spern | William Spern
    You do not take from a grandparent unless your mother or father who is the daughter or son of your grandparent died before your grandparent. You may wish to check the probate court in which your grandparent's estate was probated to see if you were listed in a will. If there is no will, there may be a trust. You should check with your parent to determine this.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    The answer to your question depends on whether your grandparents had a Will or Trust. If they had a Will or Trust, they could have left their estate to anyone they wanted to leave it to. If they did not have a Will or trust, whether you were entitled to receive any assets depends on if your parent (their child) was still alive at the time of their deaths. If their child was still alive, then the child would most likely be the person to receive their assets (if they did not have a Will). If you are not sure as to your rights, you should seek the assistance of a probate attorney who can obtain all the relevant facts from you and provide you with a clear understanding as to your rights.
    Answer Applies to: Florida
    Replied: 12/5/2011
    THE HUBBARD LAW FIRM, P.C.
    THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
    If the relationship can be established, you would be a potential heir of your grandparents tracing through your parent who was their child. However, unless there was a specific provision for some inheritance to go directly to you, unless your parent predeceased your grandparents, any benefit to you would be passed through your parent to you. Your grandparents could exclude you from receiving any inheritance from them by a specific provision to that effect in their wills or trust.
    Answer Applies to: Michigan
    Replied: 12/5/2011
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    It depends upon what it states in your grandparent's will. In Indiana, a grandchild is not necessarily entitled to any claim on a grandparent's estate, but they can in certain circumstances. You should consult a probate attorney in your area to be certain of your rights.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    Siegel & Siegel, P.C. | Sharon M. Siegel
    Maybe.
    Answer Applies to: New York
    Replied: 6/2/2013
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