Do I have any rights on my grandson’s behalf regarding his inheritance if I am his legal guardian?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have any rights on my grandson’s behalf regarding his inheritance if I am his legal guardian?
I am legal guardian of my grandson. His paternal grandmother passed last year and a wrongful death claim was pursued. I have not been able to reach the personal representative for the estate (paternal grandfather) or his attorney to find if the estate has settled and what my grandson can expect from the settlement. It has been a year since the claim was filed. I have been informed recently that his paternal aunt has decided to take the inheritance and decide where it should go.
Asked on April 2, 2012 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for his loss. I am assuming that the grandmother died intestate here, meaning with out a Will, correct? Then the intestacy statutes will govern how the estate - and her the settlement proceeds are part of the estate - will be distributed. You yourself are not entitled to any funds but your grandson may be. It really depends on the familial situation. If his other grandparents had no other children other than the ones they had together (and I am assuming that your grandson is a child of one of their children) then the grandfather really inherits everything under the changes to the Florida Law in 2011. I would consult with an attorney about it and ask him or her to inquire for your grandson. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.