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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.

20 Pa.C.S.A. 搂 2104 Rules of succession

(1) Taking in different degrees.--The shares passing under this chapter to the issue of the decedent, to the issue of his parents or grandparents or to his uncles or aunts or to their children, or grandchildren, shall pass to them as follows: The part of the estate passing to any such persons shall be divided into as many equal shares as there shall be persons in the nearest degree of consanguinity to the decedent living and taking shares therein and persons in that degree who have died before the decedent and have left issue to survive him who take shares therein. One equal share shall pass to each such living person in the nearest degree and one equal share shall pass by representation to the issue of each such deceased person, except that no issue of a child of an uncle or aunt of the decedent shall be entitled to any share of the estate unless there be no relatives as close as a child of an uncle or aunt living and taking a share therein, in which case the grandchildren of uncles and aunts of the decedent shall be entitled to share, but no issue of a grandchild of an uncle or aunt shall be entitled to any share of the 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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