additional relative seeking benefits

[blazen_redd]

What is the name of your state?What is the name of your state? Kansas
Grandfather passed away 30years ago, will was never probated...now grandmother and one son have died and the two remaining siblings are taking legal action to clear everything up...certain items(money and coins) have been left to the grandchildren to split, which is not a problem, except that one grandchild was not born at the time my grandfather died, nor was his mother(my step mother) married to my dad(one of the two surviving siblings)until a few years after my grandfather's death...I am upset that my father is including my half brother in the split, especially since my half brother has never been a part of my grandmother's life, nor my deceased uncle or living aunt, he barely has time for my dad and step mother. Should my half brother have claim to anything since he was not born yet, nor was his mother married into the family at the time of my grandfather's death?? (My dad is the executor, and isn't each grandchild suppose to receive a letter regarding the will be probated...I have not)

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? Kansas
Grandfather passed away 30years ago, will was never probated...now grandmother and one son have died and the two remaining siblings are taking legal action to clear everything up...certain items(money and coins) have been left to the grandchildren to split, which is not a problem, except that one grandchild was not born at the time my grandfather died, nor was his mother(my step mother) married to my dad(one of the two surviving siblings)until a few years after my grandfather's death...I am upset that my father is including my half brother in the split, especially since my half brother has never been a part of my grandmother's life, nor my deceased uncle or living aunt, he barely has time for my dad and step mother. Should my half brother have claim to anything since he was not born yet, nor was his mother married into the family at the time of my grandfather's death?? (My dad is the executor, and isn't each grandchild suppose to receive a letter regarding the will be probated...I have not)

The initial will for gramps has not been probated for 30 YEARS???? Then Granny dies and you don't mention if she had a will or not?

No one here is going to even attempt to wade through this mess because frankly, we can't read the wills and decide to pull out the crystal ball. You need the advice of a very good LOCAL probate attorney NOW.

 

[anteater]

I am upset that my father is including my half brother in the split, especially since my half brother has never been a part of my grandmother's life, nor my deceased uncle or living aunt, he barely has time for my dad and step mother.

Just a little advice. The above is "feelings." Yes, that may be important to you. But "feelings" are irrelevant. What is relevant is the will(s), if they exist, and/or the probate law. Allow your "feelings" to govern your thought and actions and you'll twist yourself into one big emotional pretzel.

 

[blazen_redd]

The initial will for gramps has not been probated for 30 YEARS???? Then Granny dies and you don't mention if she had a will or not?

No one here is going to even attempt to wade through this mess because frankly, we can't read the wills and decide to pull out the crystal ball. You need the advice of a very good LOCAL probate attorney NOW.

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Grandma didn't have a will, neither did the uncle....grandma didn't want the will probated because she was greedy, and the son(my dad)and daughter(my aunt)didn't worry with it...the will call for the farm to be split 1/2 to grandma & the other 1/2 in thirds to the children...bottom line...my half brother's father in law is handling grandpa's will...which I consider to be conflict of interest....it is really a big mess, farm, land, etc....that's why I have a will, one adult child and an ex!

 

[blazen_redd]

Just a little advice. The above is "feelings." Yes, that may be important to you. But "feelings" are irrelevant. What is relevant is the will(s), if they exist, and/or the probate law. Allow your "feelings" to govern your thought and actions and you'll twist yourself into one big emotional pretzel.

undefined

Your absolutely right!!! I don't like what is happening, but it hasn't kept me up at night....just mainly want to know how the law would state someone not in the family at the time of a death getting a portion of the pie---can they be included in an inheritance.. If I died today, my daughter gave birth to a second child in two weeks, and my estate is probated in two months...does the second grandchild have legal rights to half of what I would state in my will "such & such to the grandchildren" or does my only grandchild at the time of my death have rights to everything and doesn't have to split half?

 

[BelizeBreeze]

What did you NOT understand about 'get a probate attorney NOW!'. Should I type slower?

 

[seniorjudge]

What is the name of your state?What is the name of your state? Kansas
Grandfather passed away 30years ago, will was never probated...now grandmother and one son have died and the two remaining siblings are taking legal action to clear everything up...certain items(money and coins) have been left to the grandchildren to split, which is not a problem, except that one grandchild was not born at the time my grandfather died, nor was his mother(my step mother) married to my dad(one of the two surviving siblings)until a few years after my grandfather's death...I am upset that my father is including my half brother in the split, especially since my half brother has never been a part of my grandmother's life, nor my deceased uncle or living aunt, he barely has time for my dad and step mother. Should my half brother have claim to anything since he was not born yet, nor was his mother married into the family at the time of my grandfather's death?? (My dad is the executor, and isn't each grandchild suppose to receive a letter regarding the will be probated...I have not)

Kansas Intestate Succession Laws

If any part of a Kansas decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate if the decedent leaves no surviving children or issue of a previously deceased child.
* If the decedent is survived by children or the issue of a previously deceased child, the surviving spouse is entitled to one-half of the value of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's children, with the issue of a deceased child splitting the deceased child's share.
2. Decedent's parent or parents equally.
3. Heirs of decedent's parents, as if each parent had an equal share and died intestate. If there are no surviving heirs of one parent, everything goes to the heirs of the other parent.

3. State of Kansas. If there is no taker under any of the above provisions, the intestate estate passes to the state of Kansas.

Kansas Intestate Succession Law Fun Facts

* Like the famous game Six Degrees of Kevin Bacon, property can only be inherited by somebody within six degrees of kinship to the decedent.
* Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). However, these rules don't apply if the end result is that the state of Kansas gets the intestate estate.
* Evildoers take note! Any person who is convicted of killing or procuring the killing of the decedent cannot inherit via intestate succession or otherwise.
* Kansas' intestate succession laws, as well as other related laws, can be found in Chapter 59 of the Kansas Statutes Annotated.

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