How to settle an estate ?

Question

Family is trying to settle an estate of their parents. The deciesed had 4 children, one dead child leaving the total to 3 children. The fourth child had kids, those grandchildren to the deciesed want their fathers share of the estate inheritance. Which has been agreed upon with the family that they get their fathers share. But after they give the grandchildren a check of their share can they try to claim more ? or can they sue for more ? If so how do they prevent them from getting more then their fair share ? As much information you can give me will be greatly appreciated.

The will can't be found so they according to the lawyer they would be working as if there was no will because the children did not know who made the will for their parents. And the state is Ohio. They have a lawyer I was just looking for more information to help. So if you have more please share.

Answer 1

Its impossible, unethical and illegal for anyone here to give you specific advice without knowing what state you're talking about.

Generally, the laws of the US say that if there is a will, then the terms of the will are controlling as to what happens. To enforce or effectuate the will, a proceeding needs to be filed in a probate court. This will transfer all property and allow for the administration of the estate, (including all final bills, etc)

If there is no will, then the decedent died intestate (without a will). The laws of your state govern what is called intestate sucession. This says who inherits and how much. Only an attorney who is licensed in your state can advise you on how those laws will work in your case.

In MOST cases, the family can agree to deal with the estate in a very different way, but it requires some legal manuvering to do so.

In all of the scenarios above, you need the advice of an attorney in your state who is experienced in probate law. If you don't have an attorney, contact your local or state bar association for a referral.

Answer 2

if there was a will and all 4 children were suppose to get a forth of the estate, then the grand children would share in only the forth their father would have recieved. they could contest the will to try to get more.

if there was no will then the state you live in will decide who will get what because the estate has to go through probate rather there is a will or not. consult an attorney.