Someone please help me. My grandfather's sister recently passed away...He was named beneficiary on the will as well as his other sister. However, she had since passed on. He was under the impression that he was the sole heir to the estate. However, a niece of the deceased other sister (not of the one who died and left the will to my grandfather) has since came forward and contested the will....the lawyer is saying she is entitled to HALF of the bank account!! In fact she went behind my grandfather's back, called his attorney and told him she wanted half of the house, the bank accounts and the furniture in the house! All I know is there was some claus in the will...which read something to the effect of "stripes" and that's how she is entitled to half! I think she is nothing but a scum bucket pond licking leach who wants money...She has already inherited a large sum from her own mother's estate...and now she is trying to take what little my grandfather is getting away from him.
2006-09-03 16:57:57 · 5 answers · asked by tragicangel33 4 in Politics & Government ➔ Law & Ethics
There will be nothing left for my grandfather's 9 children...which isn't fair! I just want to know if anything can be done? Does my grandfather have to comply with this? Can he contest it? And is she rightfully entitled to half? Please help!
2006-09-03 16:59:53 · update #1
Thank you so much! I now understand per stirpes! Thanks again, I really appreciate it!!!
2006-09-03 17:12:55 · update #2
Just because someone is entitled to something because of the deceased beneficiary is gone doesn't sit well with me. I think at some point INTEGRITY kicks in at some point, and you just don't do that. I realize not everyone is going to agree with me. But I don't think the laws are always right nor fair. I think she as a person had an ethical choice to choose not to dip her freaking fingers into my grandfather's inheritance. All because of ONE little phrase in the freaking will that my great-aunt was probably NEVER even told about. When you reach a certain age people don't explain things to you. I am sure had my great-aunt known this she would have had the will re worded as such that my grandfather get the whole estate!!! It was NEVER intended for her great-neice!!! I can guarantee you that! So, at which point does INTEGRITY FOR SOME KICK IN???
2006-09-05 07:19:09 · update #3
Per Stirpes -- by right of representation. The heirs of a sibling take in the place of the deceased sibling.
This is an area where you need to have a licensed attorney familiar with probate law. Don't rely on the advice of random anonymous people from the internet.
2006-09-03 17:00:32 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Anyone can contest the will. The phrase you are looking for is "per stirpes" which means the inheritance goes through the children of the decedent in equal shares.
Coragryph is right, you need a probate and estate attorney to look at the actual will.
2006-09-04 00:01:12 · answer #2 · answered by Catspaw 6 · 1⤊ 0⤋
When my great-uncle died his estate was passed to his siblings, because he had no other family. One of his siblings was no longer alive, so her children had to split her part. I would think that is the way it should work.
2006-09-04 00:05:39 · answer #3 · answered by zil28ennov 6 · 0⤊ 0⤋
Actually she has a case because she was related to the sister that had deceased.
2006-09-04 07:06:03 · answer #4 · answered by BeachBum 7 · 0⤊ 0⤋
Check up with good lawyers at http://www.hot8sites.com/lawyer/
2006-09-04 00:45:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋