McKeesport, PA asked in Estate Planning for Pennsylvania

Q: My kids' grandmother passed away 12-14-04. they want to know how to find out if she left them any money?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Pennsylvania

A: Was a will probated for the grandmother? Where did grandma live at the time of her death? What assets did grandma have that you know of?

If grandmother has been dead for almost 9 years, where have the grandchildren been? Why was this issue not raised sooner? Even if the children were minors, if the grandmother had assets, one would think that the grandmother's children would have handled this.

I would start by checking with the probate court in the county where the grandmother resided at the time of her death. I would see if the grandmother had a will and whether an estate was ever probated for the grandmother. The will would tell you whether the grandchildren inherited anything or not. If an estate was probated, there would be an inventory of assets and an accounting indicating where those assets went.

If no estate was probated, then the grandchildren may want to consult a probate attorney who practices in the county/state where the grandmother lived at the time of her death, but chances are that if grandmother had no will and her children all survived her, then her estate would have been distributed to the children and the grandchildren would get nothing. If there was no probate it could mean that grandmother had no probate assets. Things like life insurance, joint bank account or jointly owned property with a right of survivorship all are things that pass outside of probate.

It would only be in a situation where grandmother had no surviving spouse and where one or more of her children died before her and the dead children had children of their own would the grandchildren have a right to inherit.

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