Legal Will rights for grandchildren of a deceased parent.

[Linmarie]

What is the name of your state (only U.S. law)? Maryland

My husband died 20 years ago leaving 3 children. His brother died 5 years ago leaving 2 children. They have one remaining brother that has 2 children.
My husband's mother..their grandmother is redoing her Will. She plans to give each of the children something. However, I thought that the Will is suppose to be divided by 3 and then that share divided by the number of children? This is their right as children of the deceased parent. Please let me know if Maryland views this differently? I feel something isn't being told to me from my mother in law (the grandmother). Also, the grandmother is a widow.
Thank you so much for your help.

 

[justalayman]

in a will, the testator can divide their property up any way they choose. The do not have to leave any particular person anything let alone an equal share as you suggest.

 

[anteater]

Just an addition...

You may be thinking about how the estate would be distributed if grandmother died without a will.

 

[Banned_Princess]

Its kinda the point of a will to leave assets in the manner you desire, not to give everyone something equal. if you wanted that estate division (according to the rules of the state) then you wouldn't bother writing and having paid to have it filed with the state. You would just die, and let surviviors fight over the estate.

 

[anteater]

if you wanted that estate division (according to the rules of the state) then you wouldn't bother writing and having paid to have it filed with the state. You would just die, and let surviviors fight over the estate.

Will or no will, the legal process to administer an estate and distribute the remaining assets is probate. The court costs and other fees are related to the probate process, whether there is a will or there isn't.

Survivors can fight just as much when there is a will as when there isn't. And, actually, there may be more fighting when there is a will. When there is no will, there are the state's intestate succession statutes - pretty cut and dry, end of story stuff.