Q about inheritance - Posted by Anne_ND

Posted by Anne_ND on March 08, 2006 at 19:31:37:

KPC,

Thanks for the info. This is what I expect to hear from the attorney.

Anne

Q about inheritance - Posted by Anne_ND

Posted by Anne_ND on March 08, 2006 at 11:08:56:

I realize this varies state to state, but has anyone got an opinion or experience with this? I present it mostly as a brain-teaser.

Mother has property. She has three adult children. Dies intestate.

Married daughter predeceases her with 6 very young children. Dies intestate.

Middle son survives her with 2 “natural” adult children (i.e.,did not marry their mother). Dies intestate.

Oldest son dies, leaves everything to his wife, although he also has an adult daughter when he dies.

How is Mother’s estate split? three pieces with two surviving kids each getting a third and grandchildren of daughter splitting a third? Or split into 8 equal portions (6 minor children of deceased daughter, two adult kids)? Or split into 11 equal portions (total of 9 minor grandchildren, including 2 unacknowledged by grandmother, plus two adult children)?

I’ve got the widow of oldest son who is willing to work with me on this property (she inherits her husband’s share), and I won’t hear from my attorney for a while, so any ideas? Kristine?

Thanks,
Anne

Got it… Thanks Jim V - Posted by Anne_ND

Posted by Anne_ND on March 08, 2006 at 20:11:08:

Thanks to Jim V who emailed me info about ND property division, I was able to find the info I needed about GA:

“(3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life”

So it is as KPC suggested, divide estate into thirds, and the children of the deceased daughter get one third to share among them.

Thanks,

Anne

Re: Q about inheritance - Posted by Natalie-VA

Posted by Natalie-VA on March 08, 2006 at 17:32:07:

Anne,

What about just the two surviving kids getting a 50/50 split and nothing for the deceased daughter’s six children?

I have no clue and no experience with this. Just attacking the riddle.

–Natalie

Re: Q about inheritance - Posted by KPC

Posted by KPC on March 08, 2006 at 16:04:04:

can only speak for AZ, option A is correct here, split 3 ways, with the predeceased daughters children splitting 1/3. Referred to as “per stirpes”

Re: Q about inheritance - Posted by Anne_ND

Posted by Anne_ND on March 08, 2006 at 19:34:51:

Natalie,

State law will determine this, but usually if a child predeceases, the children of that child will take their parent’s place in the inheritance.

This is in Georgia, by the way.

Thanks for your response.

Anne