Here we go. My grandparents owned a home and had 3 children.
Child 1 passed away before they did. Child 2 passed away after they did. Child 3 is still alive. Each deceased child has 2 children (grandchildren)
The will has only now been found by child 3 after the passing of mom, dad, child 1 and child 2. The will states child 2 owed the parents 29,000 and that his portion of the estate would be lessened by that much. Since child 2 never received anything because he passed away before the estate was divided and the will was enforced.....how should 80.000 (the full estate) be divided?
2006-12-29 06:04:43 · 3 answers · asked by Shanysue 2 in Politics & Government ➔ Law & Ethics
I guess it being divided is not the TRUE question..... But if the child that owed money never received anything to begin with (and the estate would have been more if the will was enforced right after my grandparents death) then does his children's portion get shortend that money? Or should it be divided into 1/3rds so that alive child 3 gets 1/3 - 2 children of child 1 get 1/3 - and 2 children of child 2 get 1/3?
2006-12-29 06:22:16 · update #1
That will be decided by a judge. Since it took so long and things probably were used, sold whatever the judge will enforce what the will states. The money owed will come out of the share of the one child and the rest divided among the children of the deceased unless the grandchildren were includes as heirs and equal to the children. If not mentioned the children will receive the remaining amt. and the children of the deceased children will receive the parents share...I would contest it if they try to keep it from the estate of the other two children, it belongs to the grandchildren, unless the will gives it to the only living children. Make sure a lawyer looks at the will on the deceased children's behalf. Don't let anyone rip you off. Greed is a sickness.
2006-12-29 06:12:27 · answer #1 · answered by MISS-MARY 6 · 0⤊ 0⤋
What does the will say?
If there is not a will or other orders I believe to goes... Spouse then Children, then probably grandchildren. The surviving child would be first, and technically the only person in line.
If the will is followed the deceased parent's share could go to the children (grandchildren).
2006-12-29 06:16:02 · answer #2 · answered by Duds331 5 · 0⤊ 0⤋
Try the site below. Make sure to change the State in which this is taking place. Hope this helps answer your question.
2006-12-29 07:11:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋