Are grandchildren entitled to fathers inheritance after he has passed away ?

[Markee]

My parents passed away a few years ago there was no will. There home was sold and assets were divided equally between my brother sister and me. There was also some personal items furniture and some jewelery that were never liquidated we all took some part of it my sister kept my moms big diamond ring i kept my fathers gold ring and 2 diamond earrings not sure exactly what my brother kept . My brother has since passed away my sister and i are now contemplating putting all the jewelry together selling it and splitting what ever we get for it. My question is are my brothers children entitled to 1/3 part of what we get once the sold jewelry is sold ?
We live in the state of Florida

 

[ShyCat]

Am I understanding this correctly, you and your sister want to take back the jewelry given to your brother so you can sell it with your shares? Wow.

What your brother owned at his death (including the inherited jewelry) is part of his estate to be distributed according to his will (or the state's intestate laws). Unless his will gave the inherited jewelry to you or your sister, your plan is not going anywhere.

 

[Markee]

Am I understanding this correctly, you and your sister want to take back the jewelry given to your brother so you can sell it with your shares? Wow.

What your brother owned at his death (including the inherited jewelry) is part of his estate to be distributed according to his will (or the state's intestate laws). Unless his will gave the inherited jewelry to you or your sister, your plan is not going anywhere.

NO

When my parents passed away a few years ago there was no will. My sister brother and me sold there home and there assets were divided equally between my brother sister and me except the some of there personal items furniture and some jewelery that were never liquidated my sister kept my moms big diamond ring i kept my fathers gold ring and 2 diamond earrings not sure exactly what my brother kept.

So now i have some of the jewelery fathers gold ring and 2 diamond earrings my sister has my moms big diamond ring my brother he passed away last year at this point me and my sister want to put all the jewelry together sell it and split the money my brother is gone are his children entitled to part of the money once we sell the jewelry ?

 

[TinkerBelleLuvr]

The jewelry now belongs to the Estate of your brother. It's disposition is up to the Executor. You can't just go and help yourself to other people's stuff. As to the disposition of said items, it is up the what is said in the Will.

 

[I'mTheFather]

I think the lack of punctuation is confusing. I think there was jewelry left over after they split what they wanted, and now the 2 siblings want to sell that remainder. If that's the case, then yes, your brother's children are entitled to his share (or his wife). Also, if that's the case, this should have been done long ago.

 

[I'mTheFather]

OT, but... Why is it that so many posters lately have completely avoided using punctuation? Why is that? I'm sure they aren't illiterate since the 'sentences' are fully formed except for punctuation. Is it because they're posting with phones? If so, that's just lazy!

 

[Silverplum]

I think the lack of punctuation is confusing. I think there was jewelry left over after they split what they wanted, and now the 2 siblings want to sell that remainder. If that's the case, then yes, your brother's children are entitled to his share (or his wife). Also, if that's the case, this should have been done long ago.

A lack of punctuation is always confusing.

In this case, we were treated to a "clarification" consisting entirely of the word "NO."

 

[anteater]

So, the question that nobody has asked...

Was probate opened? And was there an accounting? And was there a settlement agreed to by the heirs?

And what does a "few years ago mean?"

 

[Markee]

So, the question that nobody has asked...

Was probate opened? And was there an accounting? And was there a settlement agreed to by the heirs?

And what does a "few years ago mean?"

Thanks for the reply's,


No there was no probate.

There is no dispute over anything.

Everything was setting and agreed between my bother my sister and me long ago over 5yrs ago

My sister simply kept my moms diamond ring and i kept the the other pieces of jewelry my brother didn't care at the time and it was ok with me also.

We sold my parents house and all there money assets were divided equally between me my brother and my sister.

My brother has passed away in the past year or 2.

Today my sister simply asked me if i would like to sell the jewelry i have.
She said she would sell the the diamond ring she has also and we could just split whatever it all sells for between just her and me.

There was no will.

We live in Florida.

My brother was divorced before my parents passed away but he has 2 children over 18.

Question is are my brothers children entitled to part of what we get at this point if me and my sister sell the jewelry now ?


Thanks again for the reply's

 

[latigo]

Thanks for the reply's,


No there was no probate.

There is no dispute over anything.

Everything was setting and agreed between my bother my sister and me long ago over 5yrs ago

My sister simply kept my moms diamond ring and i kept the the other pieces of jewelry my brother didn't care at the time and it was ok with me also.

We sold my parents house and all there money assets were divided equally between me my brother and my sister.

My brother has passed away in the past year or 2.

Today my sister simply asked me if i would like to sell the jewelry i have.
She said she would sell the the diamond ring she has also and we could just split whatever it all sells for between just her and me.

There was no will.

We live in Florida.

My brother was divorced before my parents passed away but he has 2 children over 18.

Question is are my brothers children entitled to part of what we get at this point if me and my sister sell the jewelry now ?


Thanks again for the reply's

Your parents' estates were not administered through probate and yet "we sold their house"? Which "we" forged their signatures to the deed?





























the dec

 

[anteater]

Ya know... This could make for one of those nice mental exercises.

But, back in the real world, I can't see a court worrying itself about who swiped what personal property 5 years ago and whether those "who's" were actually satisfied with the outcome. Particularly when one of the "who's" is now deceased.

If you feel that brother's kids should have some of the proceeds, give it to them. If not, don't.

 

[Markee]

Your parents' estates were not administered through probate and yet "we sold their house"? Which "we" forged their signatures to the deed? the dec

Sorry I'm not up on all the legal terms I'm thinking probate means it was contested it wasn't
my sister handled the details of it and it was all done through an attorney settled long ago as I remember we also used an Elder attorney .

Actually I haven't thought about it till today when my sister called asking me if i want to sell the jewelry

I'm just wondering if hes legally entitled is all

 

[anteater]

I'm just wondering if hes legally entitled is all

Well... Since he is deceased, no.

And, if he consented to how the assets were distributed, as evidenced by his inaction for over 5 years, no.

Sorry I'm not up on all the legal terms I'm thinking probate means it was contested it wasn't

No, not what probate means. But, since it seems that things were wrapped up anyway, no need to get into what probate is.


But, if you and your sister feel that brother got the short end of the personal property stick, it might be nice to gift some of the sale proceeds to his kids.

 

[Markee]

Well... Since he is deceased, no.

And, if he consented to how the assets were distributed, as evidenced by his inaction for over 5 years, no.



No, not what probate means. But, since it seems that things were wrapped up anyway, no need to get into what probate is.


But, if you and your sister feel that brother got the short end of the personal property stick, it might be nice to gift some of the sale proceeds to his kids.

Thanks for the help really