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Children not grandchildren

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spaghetti

Junior Member
What is the name of your state (only U.S. law)? NH


My brother passed away about two years ago of cancer. He knew he was dying for about a year before. My dad gave him the allowed amount at that time as a gift. I believe it was 10,000 dollars as an early inheritence so he could do with it what he wanted. My brother has 5 children who are still alive. I have 3 other siblings 1 bother and 2 sisters. When my dad passes do the children of my brother( who has passed) have any claim to an inheritence or does the it go to the living sibling? Does it have to say something specific?
In other words do living children get inheritence or are my brothers children considered my brother inheritence now?
 


Banned_Princess

Senior Member
So, you are upset your brother got 10k from your dad as he was dieing, now you want to cut his kids out of their inheritance if any?

If in his will dad left whatever to brother (who is dead) the children get it. If dad leaves whatever to grandkids, they get it.

If dad doesn't list said son or grandkids then they get nothing.

It all depends what the final will is, whenever that comes into play.
 

anteater

Senior Member
1) If your father has a will, it depends upon the provisions of the will.

2) If your father dies without a valid will and assuming he does not have a surviving spouse, his net probate estate would be divided into 4 shares with each surviving child receiving a share and the children of the predeceased child splitting a share.

If your father still has the legal capacity to make a will, he should. With a will, he can express his wishes about what happens. If he doesn't, the New Hampshire intestate succession statutes determine what happens.
 
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