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Orphan grand son share in grand father property? |
i need real and perfect advice ! my grand father expired and after some years my father expired ... now i want to know whether my brother will get share in my grandfather property... and my paternal uncles are saying that they wont give any share to my brother and he dont hav any right note: there is no will of my grand father It depends on where you live, but in my state, if your father was still alive when your grandfather died without a will, he would have inherited his share of your grandfather's estate, then when your father died his share would have gone to whoever his will gave it to, or if your father didn't have a will it probably would have gone to you and your brother and any other siblings you might have, and there's nothing your uncles can do about it. Under the Intestate Laws of the state of Pennsylvania, the children of a deceased parent inherit their parent's share of their decedent's estate. When your grandfather died, if he had a will, the will dealt with the disposition of his property. If it has been "some years," then the legal maneuverings should all be completed. If your father was left a part of your grandfather's property, it then became your father's responsibility to make arrangements for its dispensation upon his death. In other words, your father needed to include it in his will. If he was left a part of your grandfather's property and then left a part of that property to your brother, then your uncles can't change that. Get a copy of your father's will. Once it goes to probate, you should be able to get a copy from the county clerk in the county in which he filed it. Contact his lawyer if you need to, but don't count on his lawyer having your or your brother's best interest in mind. He may or may not. If he's also one of your uncle's lawyer, it would be a conflict of interest for him to give you information which could hurt his client's interests. It gets very confusing. If you can afford a lawyer, get one, just be careful and see if you can find one who specializes in wills and trusts. If your brother is 18+, he will have to talk to a lawyer himself, though the 2 of you can go together. If your brother is under 18, his legal guardian must talk to a lawyer on his behalf (unless the legal guardian would not do what was in his best interest). When grandpa died, his money became the full property of who he willed it to. Then that person decides who to will it to at a later date. It really depends on what your grandfather's will stated. If he had no will, the courts will decide who gets what. |
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