My grandad died a few months back and left no will. My dad (as the oldest of the 3 kids) is the administrator dealing with all the probate. However i dont think he plans to include me and my brother, does anyone know the rules on this? can i speak to probate myself? I know it may sound like im a money grabbing cow but honestly im not, but my nan and grandad always told me when they died they would def leave me and my bro some money and i just think its a bit unfair that everone else will get the money. my dad is remarried and has another kid who will def benefit fromt he money.
Any help appreciated.
2007-09-26 02:06:39 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
by the other kid benefiting i meant that he is young still and lives with my dad, therefore the 30k or so my dad gets the kid will benefit but me and my other full brother wont.
2007-09-26 02:14:40 · update #1
thanks fengirl that really helps. So can i ask to be added in and on to the administration paperwork, so that me and my brother are included, or will the courts not accept that? does the law says children and thats it? Does my dad have any say in it at all?
2007-09-26 02:26:15 · update #2
relax
dont worry about it
2007-09-26 02:08:48 · answer #1 · answered by ? 2 · 0⤊ 1⤋
First of all, as your grandad left no Will, there is nothing to go to Probate. Your father will be applying for letters of administration, which allocates the money left by your grandad according to law. In England, the law says that if he died a widower, all his money is divided equally among his children.
You don't yet know really whether your dad isnt going to give you a share, but certainly under English law, you are not entitled to anything.
EDIT: No, you have no right to this money in law. Your dad will make a declaration saying who the children of your grandad are and the Admons office will just be checking that they get equal shares in the estate. Of course, your dad can then distribute his share as he chooses, but he doesn't have to.
2007-09-26 02:17:25 · answer #2 · answered by fengirl2 7 · 1⤊ 0⤋
The executor of the estate does not make decisions as to who gets he money
If your grandfather dies intestate which means that the probate laws of your state determines which relatives gets what.You can google your state and and the phrase probate laws and the name of your state.
If your grandfather left a will then who gets what is decided by the will.
If your grandfather held money or securities in a joint account with rights of survivorship then the person whose name is on that account has ownership.
2007-09-26 02:29:23 · answer #3 · answered by DrIG 7 · 0⤊ 0⤋
Sorry but your grandad should have made a will. just verbally promising you something does not mean a thing in law. His estate will have to be divided equally between his children. It also means that if anything happens to your dad , unleess he leaves a will, everything will go to his wife . How do I know? because it happened when my gran died and everything went to her second husband and then to his childre,
I've made a will to make sure that that cannot happen in my family.
2007-09-26 02:55:00 · answer #4 · answered by D B 6 · 0⤊ 0⤋
In the Intestate succession rules for Probate, unless your direct descendent is deceased, you have no legal right to take anything from the estate.
Therefore, ONLY the children of the deceased will take under the conditions you mentioned. And you are wrong about the other 'kid'.
2007-09-26 02:12:47 · answer #5 · answered by hexeliebe 6 · 0⤊ 1⤋
It is not probate as he died without leaving a will.
He will have to apply for letters of administration and as a grandchild u r not entitled to anything as the proceeds are divided amongst surviving dependant i.e. his children.
It is a shame that your grandfather did not take the time to make out a will ....................lessons for all to learn.
2007-09-26 02:23:55 · answer #6 · answered by JJ 2 · 0⤊ 0⤋
This page may help http://www.lawontheweb.co.uk/basics/wills.htm
2007-09-26 02:15:42 · answer #7 · answered by blue dolphin 6 · 0⤊ 0⤋