College Park, MD asked in Estate Planning and Probate for Maryland

Q: What can grandchildren do if the grandfather passes and the other grandchildren received money but no will is filed

what can the three grandchildren do legally?

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: A probate estate is a matter of public record, so the first place to start would be taking a look at the estate filings.

Keep in mind that some property might pass to family outside of the estate and the law does not require that people give away property equally in their Will or for assets passing by title designation. However, where someone dies without a Will, anything that does not pass by title should get distributed under the laws of intestate succession.

Typically, the children of a decedent are legally entitled to receive notice of all proceedings in an estate. Grandchildren may or may not be "interested persons" in an estate. In the ordinary case grandchildren have status as "interested persons" when named in a Will or when their parent (the grandparent's child) passed away first.

The above only offers very general information and not specific legal advice. You're encouraged to seek legal advice from an attorney who can sit down with you and review the specific will and/or estate at issue to answer your questions.

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