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Inheritance and Guardianship of Distant Grandfather

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JoshAK

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

Thank you in advance for reading about my circumstance. I apologize for the length of the post.

I have never known my paternal grandfather. He insisted on keeping it that way throughout my childhood and teenage years, and while I've never held it against him, I also have little emotional attachment to him as long as his overall wellbeing is being met. For the last decade, he has been living with Alzheimer’s. For much of that time, he was taken care of by my father who I also barely knew. Three years ago, my father took his own life and left my grandfather alone.

Their neighbors took him in and were granted guardianship over him. The area in which they lived is a rough area, and these particular people are known to take in elderly people and take care of them in exchange for money. The Sheriff distributes money from my grandfather’s pension checks to cover his living expenses, but they cannot get it all. The Sheriff controls this account and will continue to until my grandfather dies.

I have been made aware that due to there being no will, and being no one else to inherit this account, I am entitled to inherit whatever is there. My grandfather is a retired school principal, so while the salary is average by most standards, portions of his salary for the last three years could very well aggregate to tens of thousands of dollars by time of my inheritance.

I am not a person who likes to take things not owed to me, but as a medical student with a young family of my own, I would be lying to say this prospect is not exciting for me. It also feels comforting in a way that while my father’s family never accepted me while they lived, their resulting inheritance would go a long way toward satisfying my student loans, thus improving the future quality of life for my family.

My questions are the following:

Is there a set sum or proportion his caretakers can receive from his salary according to the law? (He shares a room in a smallish house in an inexpensive area. The county has visited multiple times and has deemed the site hospitable for him.)

Is there any way that me not being close to my grandfather in my life could negatively impact my inheritance?

While an attorney is never a bad idea, is it necessary in my circumstance? If so, then it would obviously be worth the fees monetarily once the situation plays out. However, as a medical student with two toddlers and a wife still paying for her multiple degrees worth of student loans, our budget is pretty constrained as it is, and avoiding attorney fees would be ideal.

Thank you so much for reading and answering any/all of my questions. Any feedback or advice is most welcomed. Thank you.
 


tranquility

Senior Member
Is there a set sum or proportion his caretakers can receive from his salary according to the law? (He shares a room in a smallish house in an inexpensive area. The county has visited multiple times and has deemed the site hospitable for him.)
No.
Is there any way that me not being close to my grandfather in my life could negatively impact my inheritance?
Only if he writes a will or otherwise gives it away. Intestate succession laws will cover if he does not.

While an attorney is never a bad idea, is it necessary in my circumstance? If so, then it would obviously be worth the fees monetarily once the situation plays out. However, as a medical student with two toddlers and a wife still paying for her multiple degrees worth of student loans, our budget is pretty constrained as it is, and avoiding attorney fees would be ideal.
Probate will have to be opened if the estate is to pass by intestate succession. Do you know how to prosecute a probate?
 

JoshAK

Junior Member
I unfortunately do not.

Also about the portion they can collect for his living expenses, is there a law or policy to which I could refer? I am attempting to get a ballpark of the accumulating sum---partly out of sheer curiosity and partly out of a cost v benefit in terms of consulting an attorney.

He makes roughly 3000 a month and has health insurance. His accomodations are meager but still suitable according to the county who checks on him. When his caregivers go to the Sheriff for his living expenses, I'm just trying to get a basic idea of how much they are granted to him. These people do this frequently for elders and are used to the system.

I realize there are many factors at work here, but I appreciate the advice greatly. Thank you.
 

tranquility

Senior Member
How much HE gets for HIS living expenses? He gets all of his money he needs. Depending on how the guardianship is set up, all he wants. It is his money.

The guardian has to account for the spending. The caretaker, if related to the guardian in some way, would probably not get more than market rates as reviewed by the court.
 

LdiJ

Senior Member
How much HE gets for HIS living expenses? He gets all of his money he needs. Depending on how the guardianship is set up, all he wants. It is his money.

The guardian has to account for the spending. The caretaker, if related to the guardian in some way, would probably not get more than market rates as reviewed by the court.
I agree, but per the OP's original post, grandpa has Alzheimers. So "what he wants" probably is not going to factor into the mix.
 

tranquility

Senior Member
I agree, but per the OP's original post, grandpa has Alzheimers. So "what he wants" probably is not going to factor into the mix.
Alzheimer's, is not Alzheimer's, is not Alzheimer's so that's why I said it depends on how the guardianship is set up.
 

JoshAK

Junior Member
How much HE gets for HIS living expenses? He gets all of his money he needs. Depending on how the guardianship is set up, all he wants. It is his money.

The guardian has to account for the spending. The caretaker, if related to the guardian in some way, would probably not get more than market rates as reviewed by the court.
I apologize if I sounded bullish in any way.

Of course it is his money as he is still alive. I feel partially guilty eventually inheriting it, to be honest, just because the concept of receiving something for nothing save by familial relation is pretty foreign to me.

He is just very "far gone" with his disease and age, and his life in terms of daily activities and required materials have been described to me through another family member who visits him periodically to be very 'basic' at this point. His accommodations are quite humble as I signified, but when asked by my family if he would like to go somewhere else, he declined. He wears old clothing and shares a small bedroom with another person. The situation is somewhat strange, in my experience anyway, and the caregivers are a suspicious breed of people. The state/county approved the domicile, however, and I am not able to take him on.

Your response about market rates is pertinent, however. The primary purpose of my asking about his living expenses was to identify whether or not they could inflate descriptions of his expenses and effectively 'milk the system'—a potentiality over which some of my family have expressed concern. The courts going by market rates covers that question, though. Thank you so much for your time and help in your posts.
 

anteater

Senior Member
I know how tempting it may be to begin mentally calculating what an inheritance may be... But you would be better off stifling the impulse while your grandfather is alive.

Does your grandfather have any other children or are there other descendants of any his children that predeceased him?
 

JoshAK

Junior Member
I know how tempting it may be to begin mentally calculating what an inheritance may be... But you would be better off stifling the impulse while your grandfather is alive.

Does your grandfather have any other children or are there other descendants of any his children that predeceased him?
He does not.

His siblings are all gone. He was the youngest of many, and they are all gone. He is in his eighties. His wife died last year. His son died three years ago.

He had one son and no daughters. I am his one son's only son and only offspring. My two daughters and I are the only relatives of his save for some distant grand nephews, nieces, etc. My father's family are very reclusive, some would say eccentric, people.

And I agree about calculating inheritance. I have recently been speaking to my grandfather's former sister in law, and she is urging me to handle this situation so that my family and myself can benefit rather than let his caregivers or the state claim his inheritance. I have known about this possibility since my grandmother died last year, but I am in no hurry to be making power plays or anything like that. I'm just trying to assess the gravity of the situation as my grandfather has been said to be deteriorating in condition.
 

tranquility

Senior Member
Life can go on a long time, even when it looks fragile. A person without a good health care directive/living will, can burn up a lot of money in the last months of life.
 

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