QUESTION

Is children of a parent that passes in line to inherit their father portion of the estate?

Asked on Jan 12th, 2012 on Wills and Probate - Ohio
More details to this question:
The children were always told that they would receive thier father portion of their grandparents estate when they pass. If they are not mentioned in the will can they contest the will for their father portion?
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1 ANSWER

Tonya Coles
Assuming that the will is valid, any property in your grandparent's estate will pass according to what the will says. If your father was named in the will, but died before his parent, then the will determines what happens to your father's share. Ask for a copy of the will, and take it to a probate lawyer for help in determining your rights. A few possible outcomes are: 1. If the will says that your father's heirs should inherit his share if he dies before his parent, then the heirs he left at his death will take his share. These heirs will the people named in your father's will (if he died leaving one), or his heirs according to Ohio law. 2. If the will says that your father's share should go to other people named in the will, that's what will happen. If his children were not named in the will, they will not inherit. 3. If the will does not say anything about what should happen if your father dies before his parent, then Ohio law will determine where his share goes. As you can see from my answer, the outcome depends on several factors. You should contact an attorney as soon as possible to discuss the matter and find out if you have any rights to your father's share.   Tonya R. Coles, Attorney at Law Elder Law -- Estate Planning -- Probate www.tonyacoles.com  
Answered on Jan 12th, 2012 at 3:53 PM

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