Quick question about beneficery

[swj123]

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

I am asking this for my wife. Her mom died a couple of years ago and her dad died this week in South Dakota. She has one sister and a half sister that has died. Her question is...The half sister that had died has a daughter. Is the daughter entitled to the grandfathers inheritance? I don't think there is a will. My wife just wants to include her if she is supposed to. Thanks in advance.

 

[LdiJ]

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

I am asking this for my wife. Her mom died a couple of years ago and her dad died this week in South Dakota. She has one sister and a half sister that has died. Her question is...The half sister that had died has a daughter. Is the daughter entitled to the grandfathers inheritance? I don't think there is a will. My wife just wants to include her if she is supposed to. Thanks in advance.

According to this website:


http://www.nolo.com/legal-encyclopedia/intestate-succession-south-dakota.html

Yes, the granddaughter should inherit what her mother would have inherited.

 

[Ohiogal]

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

I am asking this for my wife. Her mom died a couple of years ago and her dad died this week in South Dakota. She has one sister and a half sister that has died. Her question is...The half sister that had died has a daughter. Is the daughter entitled to the grandfathers inheritance? I don't think there is a will. My wife just wants to include her if she is supposed to. Thanks in advance.

Your wife doesn't have a choice. She needs to go to probate court and file to have the estate probated. She then lists ALL relatives and they are all notified. The court then figures it out.

 

[anteater]

Just to make certain...

The half-sister was whose child?

 

[swj123]

Just to make certain...

The half-sister was whose child?

Ok I just asked my wife about the grandchild. My wife's dad had two girls, my wife Amber and her sister Wendy. Then the dad and mom divorced. After that her dad remarried and adopted a kid. That girl died as a adult but had a girl. < the dads granddaughter. And I guess my wife's half sister or something. Sorry this is confusing. Thanks, mike

 

[anteater]

Ok I just asked my wife about the grandchild. My wife's dad had two girls, my wife Amber and her sister Wendy. Then the dad and mom divorced. After that her dad remarried and had a kid. That girl died as a adult but had a girl. < the dads granddaughter. And I guess my wife's half sister or something. Sorry this is confusing. Thanks, mike

OK, the predeceased half-sister was the Dad's child.

Then, as LdiJ stated, under intestate succession, the granddaughter would be entitled to the share that her mother would have received if her mother had survived.

 

[swj123]

Thanks for the good info. My wife said she thought it best to cut her in whether she had to or not. The dad loved his adopted girl and I'm sure the grandchild too. We don't need the money anyway. I'm 60 and in my life I have seen so much greed over things like this it makes me sick. So we will search for the granddaughter and I'm sure she can use some money. Thanks to all that posted. This is a great site.

OK, the predeceased half-sister was the Dad's child.

Then, as LdiJ stated, under intestate succession, the granddaughter would be entitled to the share that her mother would have received if her mother had survived.

 

[ecmst12]

Thanks for the good info. My wife said she thought it best to cut her in whether she had to or not. The dad loved his adopted girl and I'm sure the grandchild too. We don't need the money anyway. I'm 60 and in my life I have seen so much greed over things like this it makes me sick. So we will search for the granddaughter and I'm sure she can use some money. Thanks to all that posted. This is a great site.

It's nice when someone restores a little of my faith in humanity. Doesn't happen too often on this site.