Is the grandchild entitled to the grandparent's estate if grandparent has custody of the grandchild? 13 Answers as of October 24, 2017

If grandparents who had full custody and guardianship of their grandson for at least 6 years at the time of one of the grandparents death, (shared with spouse) and the parent of the grandchild is still alive when the grandparent was killed, no will, is the grandchild entitled to part of his grandmother's estate since the grandmother had full guardianship/custody (shared with her spouse) at the time of the death?

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Gates' Law, PLLC | Thomas E. Gates
Sorry, no. Because there was no will, state statutes control who the beneficiaries are.? Only if his mother/father had died before hand would see him getting something.
Answer Applies to: Washington
Replied: 10/24/2017
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
No. If the grandchild's living parent is the child of the deceased grandparent, then the grandchild gets nothing.
Answer Applies to: California
Replied: 10/24/2017
Ronald K. Nims LLC | Ronald K. Nims
Custody has no bearing on the distribution of property of a deceased. With no will the rule is: 1. Spouse and children split 2. If no spouse then Children split 3. If no children, then grandchildren etc split. 4. If no descendants, parents split. 5. If no living parents, siblings split, then siblings descendants. 6. If no living descendants of siblings, then living descendants of grandparents split.
Answer Applies to: Ohio
Replied: 10/24/2017
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
Answer Applies to: Connecticut
Replied: 10/24/2017
Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
The right to inherit is not impacted or affected by the guardianship or custody rights of the deceased. A grandchild may be an heir of a deceased grandparent that died without a will, but only as to the grandchild's portion of the share of the grandparent's estate that the parent would receive if the parent were alive to receive it.
Answer Applies to: Illinois
Replied: 10/24/2017
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If I understand you, no. Where there is no will, we follow the statutes for intestacy. When one spouse dies with no will, the other spouse inherits all (unless the deceased spouse had children who are not also children of the surviving spouse). When an unmarried (or widowed) person dies with no will, his or her children inherit all. The children of a deceased child inherit, but if the child is alive, that's as far as we go.
    Answer Applies to: Oregon
    Replied: 10/24/2017
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Not usually. The grandparents would have to adopt the grandchild to make it their heir at law.
    Answer Applies to: Oregon
    Replied: 10/24/2017
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, the grandchild has to be legally adopted by the grandparent. Guardianship does not make the grandchild entitled to the grandparent's estate if the child's parent who is the son or daughter of the grandparent is still alive.
    Answer Applies to: Missouri
    Replied: 10/24/2017
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Probably not, as custody doesn't determine who inherits, only a Will terms or the Iowa Statutes controls who inherits from a deceased person.
    Answer Applies to: Iowa
    Replied: 10/24/2017
    Stephens Gourley & Bywater | David A. Stephens
    Not unless the grandchild is the sole surviving heir or the grandparent places the grandchild in the will.
    Answer Applies to: Nevada
    Replied: 10/24/2017
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Probably not. Usually, when there is no will and no surviving spouse, the estate is divided among the living children by birth and adoption. However, given the child?s special relationship to the decedent, I would consider applying to a probate court for a ruling that would direct a portion of the estate into a trust for the child.
    Answer Applies to: Nebraska
    Replied: 10/24/2017
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