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My father's estate was left out of the probate (succession) of his mother's estate. He predeceased her.
14 ANSWERS
3 Awards
Yes, it is certainly possible. You should review her Will. To be a beneficiary he may have needed to survive her, or upon his death she may have omitted his family. If you are unsure after reviewing the Will, hire an attorney to advise you on the issue. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 14th, 2013 at 5:35 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain yourself probate legal counsel to assist you, who may be able to use a Haggstad petition proceeding in the probate court of his mother's estate, to bring your father's estate within her probate proceedings. However, your father's estate if no will exists, probably goes to his children first, then grandchildren by representation, then back to mother, or to his brother and sisters.
Answered on Jun 14th, 2013 at 5:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have to go to an attorney and go through the details of the situation. There are too many questions that need to be asked and answered.
Answered on Jun 13th, 2013 at 12:55 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends on when it occurred, when you discovered it and whether there was fraud. Contact an Attorney.
Answered on Jun 13th, 2013 at 11:13 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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I am not sure what you mean, but if your father predeceased his mother, and her will did not provide for yoru father's heirs, there is nothing you can do. So again, I am not sure what you mean by correct it.
Answered on Jun 13th, 2013 at 10:28 AM
His estate may not be entitled to anything. You need to review the terms of his mother's Will, and if none, then the law of intestate succession for her state when she died. An attorney specializing in estates can help you do this.
Answered on Jun 13th, 2013 at 10:27 AM
Unless your father died within weeks of his mother, his estate should have been settled or at least far enough along that the executor of his mother's estate would have a pretty good idea if his mother was a beneficiary. Otherwise his estae would have no impact on her estate settlement.
Answered on Jun 13th, 2013 at 8:31 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Since your father died before his mother, he was not an heir. You (and the rest of his children, on the other hand, are heirs. You should have received notice, etc. Did your grandmother have a will? If not, then you and your siblings are entitled to his share. If so, it depends on what the valid will says. You are entitled to a copy and can get one from the court.
Answered on Jun 13th, 2013 at 8:30 AM
Sanford M. Martin
Your mother's estate must be reopened in probate court, your father's estate distributed to your mother's estate, and your mother's estate must be distributed again as she expressed in her will or trust. Depending on your father's estate, it may also be required to be filed in probate. An obvious oversight which should have been administered as part of your mother's estate, the process and legal options will depend on the nature of the property, your father's title to the property, any will or trust, and other issues. This situation is not unusual; probate cases must be reopened because of property discovered later after the close of the probate case.
Answered on Jun 13th, 2013 at 8:30 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If your father had property that was only in his name, it will have to be processed through probate court.You will need to talk to a probate attorney to find out how to do that.
Answered on Jun 12th, 2013 at 11:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no way to answer this without more information. It is not your father's estate that would be entitled to a share of the estate, under any circumstances. It is possible that the heirs of his estate would be entitled to the share he otherwise would have received, but this depends on the existence of a Will and/or the title to the assets. You should have a probate lawyer review all of the facts of this situation to determine what your rights are, if any.
Answered on Jun 12th, 2013 at 11:58 PM
2 Awards
It depends upon when this took place and whether you, as your father's heirs, received notice. You must review the matter with an attorney and now because if time continues to pass you will certainly be out of luck.
Answered on Jun 12th, 2013 at 11:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need details, generally things can be corrected, call or see another qualified attorney.
Answered on Jun 12th, 2013 at 11:57 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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If your father predeceased his mother, then your father's estate might not have been a beneficiary of her estate. Did your grandmother have a Will. The terms of the Will control. If not, then your father's share should have passed to his children (though not through his probate estate). Talk to a probate attorney to sort through.
Answered on Jun 12th, 2013 at 11:57 PM