QUESTION
Are the children entitled to their mother's share even though they were not named in the will?
Asked on Feb 25th, 2012 on Estate Planning - California
More details to this question:
A widow with eight children (one deceased daughter) died. In her will she named only the seven suriviving children to divide the estate. The three children of the deceased daughter received papers to sign, saying they would not contest the will. Are they entitled to their mother's share, even though she (deceased) was not named in the will?
10 ANSWERS
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Unfortunately the law does not give any right to inheritance to grandchildren. If the will only named the living children, there is no right the grandchildren of the deceased child can assert to claim an inheritance from their grandmother. I'm sorry the news is not better. Step children and grandchildren need to be provided for in specific ways because the law does not give them default rights.
Answered on May 10th, 2012 at 11:52 AM
Generally the will controls distribution and if the mother knew about or did not forget about the daughter and left her and her children out then there isnt much those grandchildren can say. This is the law in Indiana and many states.
Answered on Mar 05th, 2012 at 3:10 PM
A person can leave his/her estate to whomever he/she wishes. If the widow had died without a will, then the children of the deceased daughter would have a claim to receive her share; however, if the Will designates only the surviving siblings to receive the estate, then the surviving children of the deceased daughter have no claim to the estate.
Answered on Feb 29th, 2012 at 10:25 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Based on the description of the will, the children of the deceased daughter would not be entitled to receive a share of the estate. If the children did not sign the papers that they received, and if it has been less than 6 months since the estate was opened, the children still might be able to contest the will.
Answered on Feb 29th, 2012 at 7:59 AM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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To answer this question, you have to read the will. Sometimes wills say that the children of a deceased child will inherit their parent's share. Sometimes, it uses words like "per stirpes" which means the same thing. Other times, the will might say that a deceased child's share lapses. In that case, the grandchildren receive nothing. If the will is silent, the children of a deceased child get to inherit under what is called the "antilapse" statute.
Answered on Feb 29th, 2012 at 7:58 AM
Provided her will is valid, then the terms of the will control how the estate will be distributed. Therefore, if she disinherited her grandchildren in her will, then they will not inherit from her estate.
Answered on Feb 29th, 2012 at 4:48 AM
Normally, if there is a will, they will not get anything.
Answered on Feb 29th, 2012 at 4:17 AM
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A person may leave their estate to whomever they choose. If a mother decides to only leave assets to her living children that is her choice. She could decide to only leave assets to 1 or none of her living children. Again it is the choice of the person making the Will. You may want an attorney to review the Will to make sure the children of a deceased child are not included. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answered on Feb 29th, 2012 at 3:29 AM
Peter James DeRose
It depends upon the terms of the will. If the will specifies division "per capita" then only living children share. If the will specifies division "per stirpes" then it is by right of representation and the children of the deceased child will take their mothers share.
Answered on Feb 29th, 2012 at 2:23 AM
The only way to answer the question is for someone to review the will for you.
Answered on Feb 28th, 2012 at 10:22 PM