Q: A woman left her house to her three grandchildren. They don't want it, but their father, the woman's son, does.
If they just decline the inheritance, does their father get to claim the house? All four people want the father to end up with the house, and no record of ownership for the grandchildren.
A:
If the deceased grandmother wrote a Will leaving the house to the three grandchildren and they renounce the bequest, the house passes as part of the residuary estate (that is, the balance of what is left). The father does not get the house automatically simply because the grandchildren renounce. If the grandchildren are also the residuary beneficiaries, they would then have to renounce the residuary estate, or at least that part of it. That would create a complete or partial intestacy. In other words, it is treated as if there is no Will, and the laws of intestate succession kick in. If the son/father is the only living child of the deceased grandmother, he would end up with the house. However, if there are siblings, they would share equally. Also, if there is a living grandfather, he would have rights.
You need a knowledgeable estates lawyer to help shake this out.
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