Is it fair

[jaygrst]

Is it fair, both my granparents died a few years ago. Well a year apart. I found out about my grandfather a year after he passed away. I found out about my grandmother passing a year later. This time only 2 weeks after. I do not talk to my father very much at all. I did ask him if there was a will, he said yes, however monies for the grandchildren were cash. Everyone got something from me. Yes I know I alienated myself and was not the graetes of children, but should the diffferences with my father (executor) play a roll in this.

 

[advisor10]

JULY 27, 2001

DEAR JAY:

Your message is a little bit confusing, because you say "Everyone got something FROM me." Did you mean to say that "Everyone got something BUT me (or EXCEPT me)?"

You need to go to the county courthouse (of the city where your grandfather and your grandmother died) to find out if their wills have been filed at the probate court. You need to know the month and year that each person died. If the will is on file, you can look at their probate file to see exactly how the estates were handled (how the money was distributed, what assets were claimed, the total value of the estate, etc.).

The differences with your father SHOULD NOT play a role, because if you had been named as a beneficiary, he is legally required to give you what is rightfully yours, no matter how he feels about it. However, if you two were alienated and if he has an unjustified grudge or bad feelings against you, he may not necessarily want to treat you fairly, so this is why you need to look at the probate files to see if you were entitled to receive anything but didnt. If you know how much the other grandchildren got, then you should generally receive the same amount as they did.

You forgot to mention what state you live in, but when you are at the courthouse, you need to ask the clerk if that state law requires the executors to be bonded. If the answer is yes, then you can file a claim with the bonding insurance company to recover any monies that you might think were denied you or stolen from you, if you have proof of it.

SINCERELY,

[email protected]