Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am one of two grandchildren of a deceased grandparent. He died a little over 5 years ago. One of his children (my father) died prior to his death, another has been incarcerated as far as I know for life. And lastly, a third son of his whom he had out of wedlock during WWII in England (whom I’ve only met once at my grandfathers funeral, he has always been a citizen of England). My question is, are we the grandchildren entitled to any of the value of his estate, his home/property? My grandfather owned a home in Los Angeles, Calif. This property was worth a substantial amount of money (the property was the real value, over $1 million alone). Since his death the home has been sold by someone to somebody. I have no idea whom. Given the total value of the property/home I want to make sure that we get all that we are entitled to… If any at all. And if so, what or whom would you recommend to pursue this?”If there is a will, the proceeds will be distributed according to that will. There should be a probate case going. Your contact should be with the executor (administrator) of the will.
Question: If your grandfather died without a will, the property would go by intestate succession. If your grandmother is alive, then she would get all the community property, and your grandfather’s separate property (if any) would go one third to your grandmother and two thirds divided between the children. You and your siblings would equally divide your father’s share.
Answer:
If you are entitled to some portion of your grandfather’s estate, you might need an attorney skilled in wills and probate to help you out. If there is no specific mention of the grandchildren in the will, or if there is no will, your rights are probably exactly the same as your siblings.
