QUESTION
Is the grandchild entitled to the grandparent's estate if grandparent has custody of the grandchild?
Asked on Oct 23rd, 2017 on Estate Planning - Nebraska
More details to this question:
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?
9 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. If the grandchild's living parent is the child of the deceased grandparent, then the grandchild gets nothing.
Answered on Oct 24th, 2017 at 5:54 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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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.
Answered on Oct 24th, 2017 at 5:53 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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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.
Answered on Oct 24th, 2017 at 5:53 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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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.
Answered on Oct 24th, 2017 at 5:53 PM
Not usually. The grandparents would have to adopt the grandchild to make it their heir at law.
Answered on Oct 24th, 2017 at 5:52 PM
Thomas Edward 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.
Answered on Oct 24th, 2017 at 5:43 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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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.
Answered on Oct 24th, 2017 at 5:43 PM
No.
Answered on Oct 24th, 2017 at 8:05 AM
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.
Answered on Oct 24th, 2017 at 8:05 AM