Distribution of estate

[bman]

I want to start by thanking you all for this site and for answering my questions.

Ok I kind of have two questions

1.My grandfather is in the hospital and is about to pass away he has 4 kids one, my father is already deceased Im trying to find out who will receive my fathers share of the estate? I believe that he has an old will but I have no way of finding out what is in it since he is too far gone to talk about this matter with.

2. My aunts and uncle are what you might call "lowlifes" so if there is a way they can cheat me out of my share Im pretty sure they will try, so how will I find out when and where the probate will take place in case I need to contest?

 

[dee_dub]

1. The only way to determine what happens to your father's share is to look at the terms of the will. It will specify what happens if one of the beneficiaries predeceases your grandfather. (Couple alternatives: it could go to the beneficiary's descendants, it could return to the estate and be distributed with the residue...)

2. You may not have a share to be cheated out of. Assuming you do, how you find out can vary depending on your location. Often the will will be filed at the recorders office, or the surrogate/probate court in the county where the testator died within 30 days of death. You should check with a local estates lawyer to be sure.

 

[bman]

I have a follow up to the first question

Is there anyway that a will can be void? Lets say that it is so old that it was made before any grand kids were even born yet to get their parents share? Or I know if there is a will floating around out there somewhere that a lot of the assets would be different like the houses, stocks, cars and many other things have changed in the past few year would any of these things change the fact that my fathers share might get divided up among his sisters and brother?


Thanks

 

[dee_dub]

In the scenarios you give, the will as a whole would probably not be void. People are presumed to draft their wills with the knowledge that their assets may change, grandkids may be born, etc. Generally, the only real change in circumstances that revokes a will is if the testator gets married. A will could also be considered invalid if it was made under duress or lack of capacity, or fails to follow the required formalities. You should check with a local estates lawyer for further information on these requirements - they vary by jurisdiction.

If your grandfather's will doesn't deal with a specific asset, like one of those assets acquired after the will was executed, then what usually happens is it will be considered part of the "residue" of the estate. The will should state how the residue is divided. The will may also specify whether a share is to be given to grandchildren, and how that class is to be determined.

I'm speaking in generalities and probabilities here. You are obviously concerned that your deceased father's share will go to your siblings, not to his descendants. Where it goes will be determined by the will and by the law of your state (whatever that is). In absence of knowing those, anything anyone says here is speculative. This is why you should see a local estates lawyer.

 

[bman]

Yes I am very concerned that I would get my fathers share mostly because I know he would want me to have it also it a fairly large amount, And I know things said here are speculative but I thank you for taking your time to help, I guess now I just wait for it to go into probate so I can get the will(if there is one) before I go to a lawyer?

 

[dee_dub]

Yep. You need to see what's in the will. If you haven't seen it within a couple weeks after death, ask your aunt and uncle if they're probating the will, or check with the courthouse. If you still don't see it, get an estates lawyer.