QUESTION
Can an heir collect inheritance if they ran away in teenage years?
Asked on Oct 17th, 2012 on Estate Planning - Michigan
More details to this question:
My grandfather ran away from a very prominent family and was thought to be dead. We are the heirs.
12 ANSWERS
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Running away doesn't sever a relationship for purposes of inheritance.
Answered on Oct 19th, 2012 at 9:19 PM
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The question is whether your grandfather was named in the estate plan or if there was no estate plan if he is an heir under intestate succession. You need to figure out his status before you can figure out your status. I suggest you speak with an attorney in the jurisdiction where the estate that your grandfather may be entitled to inherit form is being handled.
Answered on Oct 19th, 2012 at 3:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Go for it and collect. You may need to engage the services of an attorney, but the answer to your question is yes, subject to proof of heirship, by blood, generally.
Answered on Oct 19th, 2012 at 1:00 PM
Yes, he and you can inherit unless his family took actions to disinherit him.
Answered on Oct 19th, 2012 at 12:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Potentially yes, see an attorney.
Answered on Oct 19th, 2012 at 12:57 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The fact that your grandfather ran away does not change any of his rights to collect under a will or under the laws of intestacy. There may, however, be many other factors that come into play here. For instance, if your grandfather was excluded from the wills of his ancestors, or the probate of some estate which he would otherwise have inherited has been closed without distribution to your grandfather, you may have an exceedingly difficult time recovering anything.
Answered on Oct 19th, 2012 at 12:56 PM
Thomas Edward Gates
Yes, all of the heirs will share per a will or based upon state statute.
Answered on Oct 19th, 2012 at 12:48 PM
Yes, unless he says so otherwise in a will or a trust, the heirs at law are the heirs under most, if not all, states in the United States intestacy laws.
Answered on Oct 19th, 2012 at 12:39 PM
Running away isn't a basis for someone to be disinherited by law under the laws of intestacy. However, there may very well be a will that disinherits him. First thing to find out is whether there was a will. If there was no will it is possible that you stand to inherit. Another consideration would be how long ago this took place; if the decedent died and the estate was closed more than ten years ago you may be barred by the Statute of Ultimate Repose, which basically says that after ten years it is too late to challenge anything. You don't identify a decedent which would be necessary to determine whether there is a claim.
Answered on Oct 19th, 2012 at 12:30 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Much of this depends on what the estate documents provide. If the inheritance is going by intestacy, then the heirs should be able to collect. Have an attorney review the estate documents if you have them. Also talk to an attorney about being included as an heir if the estate is going by intestacy.
Answered on Oct 18th, 2012 at 8:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. It depends on the circumstances. If there is a Will, then the Will provides the distribution. Same with a trust. If there is none, then an heir is an heir and has full rights. Someone can only cut out an heir by leaving estate planning documents that do so.
Answered on Oct 18th, 2012 at 8:36 PM
Yes. His having abandoned the family is irrelevant under Michigan law. So, if there is no will, his natural heirs are his wife, if any, and his children. Otherwise, it would pass to his parents, brothers and sisters. Of course, if he made a will, his estate should pass according to what it says.
Answered on Oct 18th, 2012 at 8:36 PM