probate distribution

[luismunoz406]

What is the name of your state (only U.S. law)?
Do grandchildren from deceased daughter or a stepdaughter have a stake on assets distribution, when will only designates 3 living children?

My mother, widow 82,died last month, I filed petition for summary administration with a will, NO mention of grandchildren nor step daughter, it actually states that "if heirs have been left out it was on purpose"...should I mention that they exist? can they contest, refute, argue ?, do they have a say?

 

[Zigner]

What is the name of your state (only U.S. law)?
Do grandchildren from deceased daughter or a stepdaughter have a stake on assets distribution, when will only designates 3 living children?

My mother, widow 82,died last month, I filed petition for summary administration with a will, NO mention of grandchildren nor step daughter, it actually states that "if heirs have been left out it was on purpose"...should I mention that they exist? can they contest, refute, argue ?, do they have a say?

It would seem that you need to follow the terms of the will. If you do not know how to do this, you may wish to consult with an attorney in your, as yet, unnamed state.

 

[LdiJ]

What is the name of your state (only U.S. law)?
Do grandchildren from deceased daughter or a stepdaughter have a stake on assets distribution, when will only designates 3 living children?

My mother, widow 82,died last month, I filed petition for summary administration with a will, NO mention of grandchildren nor step daughter, it actually states that "if heirs have been left out it was on purpose"...should I mention that they exist? can they contest, refute, argue ?, do they have a say?

Depending on state law, the heirs of a deceased child (and maybe even a deceased stepchild although unlikely) may have a claim upon an estate. It really depends on how the will was written. You honestly need a local attorney to read the will and advise you.

If the will was written AFTER a fourth sibling passed away and deliberately left out the grandchildren and the step daughter then it likely stands based on what you have said here. If the fourth sibling passed away after the will was written and was included in the will, then its more complicated.

If the step daughter was never included in the will its highly unlikely that the step daughter has any rights at all, but there can be some instances.

Again, you need a local attorney to review the will and possibly the will of the parent's/grandparent's spouse as well.

Please be smart and consult both a local probate attorney and a tax professional. I have seen more than a couple of estate administrators/executors end up being personally liable if they mess up and distribute the estate wrong.

 

[tranquility]

Unless the will says specifically, the issue is if (unnamed) state law is per stirpes or per capita.

 

[LdiJ]

Unless the will says specifically, the issue is if (unnamed) state law is per stirpes or per capita.

Tranq, that is not going to help the OP.

 

[justalayman]

The state is very important but you deleted that question when it was presented to you.


Then, as others have stated, the precise wording of the entire will is important.

Then, whether the deceased child predeceased your mother may make a difference and possibly whether the child predeceased the writing of the will.

While this is bringing in something that may not be applicable, there are a lot of people who have died and their estate never been through probate. Has her husbands estate been through probate?



Realistically the best thing you can do is speak with an attorney who can review all of the facts.

 

[tranquility]

Tranq, that is not going to help the OP.

Either the will will say it specifically (which can override the state) or the OP supplies the state. In either case, we can give what is meant.

Of course, the two types can be easily defined by an internet search.

That is the issue, I am uncertain how that knowledge is not going to help the OP.

 

[LdiJ]

Either the will will say it specifically (which can override the state) or the OP supplies the state. In either case, we can give what is meant.

Of course, the two types can be easily defined by an internet search.

That is the issue, I am uncertain how that knowledge is not going to help the OP.

Its unlikely that the OP is going to understand that well enough, and in context, to even do an internet search.

 

[Dandy Don]

What state did the death occur in?

 

[latigo]

What is the name of your state (only U.S. law)?
Do grandchildren from deceased daughter or a stepdaughter have a stake on assets distribution, when will only designates 3 living children?

My mother, widow 82,died last month, I filed petition for summary administration with a will, NO mention of grandchildren nor step daughter, it actually states that "if heirs have been left out it was on purpose"...should I mention that they exist? can they contest, refute, argue ?, do they have a say?

My advice is to ignore the rest and take Zigner's advice. Consult with an attorney!

You have taken on a solemn responsibility the pursuit of which has you hopelessly lost. Continuing to grope around and making distribution without legal counsel could result in your ass getting financially burned.

 

[luismunoz406]

luismunoz406

My advice is to ignore the rest and take Zigner's advice. Consult with an attorney!

You have taken on a solemn responsibility the pursuit of which has you hopelessly lost. Continuing to grope around and making distribution without legal counsel could result in your ass getting financially burned.

Peace... thanks for the good advice...the will does state per capita...I still don't know if it will complicate matters to mention(3 adult grandchildren, living stepdaughter)

 

[Silverplum]

Peace... thanks for the good advice...the will does state per capita...I still don't know if it will complicate matters to mention(3 adult grandchildren, living stepdaughter)

In which US state did she live?

https://law.freeadvice.com/estate_planning/wills/per-stirpes-per-capita.htm

 

[Zigner]

I'm not sure that being a stepdaughter will cause her to be considered an "heir" - of course, I could research it if I knew what state we were talking about

 

[luismunoz406]

Florida probate,distribution assets

I'm not sure that being a stepdaughter will cause her to be considered an "heir" - of course, I could research it if I knew what state we were talking about

We are talking about Florida, probate court... thanks for the advise..

 

[Zigner]

In Florida, stepchildren are not automatically considered heirs. Only biological children (or adopted children, of course.)