Lawyer bees! I have a quick question in regard to a will…

posted 3 years ago in Legal
Post # 3
Member
3935 posts
Honey bee
  • Wedding: June 2014

@adoc86:  Did you father have a will?  Do you know what his will stated?  

Post # 6
Member
3935 posts
Honey bee
  • Wedding: June 2014

@adoc86:   I think the thirty days would apply to her husband (your grandfather) who predeceased her.    If your father had predeceased your grandmother, her estate would have passed to his heirs.  From what you’ve just said, that would be his wife.

I suggest finding out if your father had a will.  In any case, cutting out the wife would be problematic at best.

Post # 7
Member
1537 posts
Bumble bee
  • Wedding: August 2015

Based on the wording of the will, I do not think the 30 day clause would apply to your father.  In regards to the per stirpes clause, your father would have had to pre-decease your grandmother in order for his inheritance to fall to his heirs (i.e. you). Since he did not, the inheritance from your grandmother seems like it would fall to your father and be subject to the provisions of his own will. 

 

Post # 8
Member
135 posts
Blushing bee
  • Wedding: May 2015

Not a lawyer, but I work in finance so I am somewhat familiar with this term.  Your understanding of the phrase “per stirpes” is correct, but the outcome will depend on the laws in your state as well.  I know that here most banks do not accept per stirpes as pertaining to accounts with them because it would be very difficult to obtain that information and organize the disbursement of funds.  POD accounts are more common here, where there is a beneficiary/beneficiaries on the accounts but if you are not named as the beneficiary, you will likely need to go through the legal system to obtain any of those funds.  Good luck with the lawyer!

Post # 10
Member
3935 posts
Honey bee
  • Wedding: June 2014

@adoc86:   Collect as much documentation as you can between now and your appt. with your lawyer.   

Post # 11
Member
9137 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

@adoc86:  You may still be able to collect an elective share depending on which state you live in.  Make an appointment with a probate attorney ASAP.

Post # 12
Member
3210 posts
Sugar bee
  • Wedding: January 2014

I know nothing about your questions, but I just wanted to say, I’m so sorry for the loss of your grandmother and your father in such a short time. My heart goes out to you.

Post # 14
Member
7531 posts
Bumble Beekeeper

@adoc86:  So sorry to hear about the recent loss of both your grandmother and your father.  I hope that you are also healing well.  It certainly has been quite a month.  I hope that you can get to keep the things from your grandmother’s estate, also.  Best Wishes.

Post # 15
Member
11 posts
Newbee
  • Wedding: October 2014

I did a quick brush up on wills and some quick searching into Penn. law. (but of course, given the situation I think visiting an actual lawyer with expertise in Penn. law is important). As your grandmother died before you father, under my understanding all of the property etc. would have passed to you father. If you father died without a will, then it looks like 50% of his estate will go to his surviving spouse, and 50% will go to his issue (who is not the child of the surviving spouse).

 

 

 

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