Hagerstown, MD asked in Estate Planning and Probate for Maryland

Q: My father died no will my grandparents both died and had a will it goes a third my dad and a third uncle my and a third

My other uncle how is my grandparents estate going to be split up now grandparents house was left as a third my dad and 2 uncle's got a third how is it distribution now since my dad's died no will and my grandparents have both passed away

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Sorry, your question is far too confusing as to specific facts (and punctuation, which is creating a lot of ambiguity). A lawyer will need to know the order of death for each person who has died, as well as a better description of the terms of your grandparents' wills (specifically, whether any bequest was written as to require that the legatee/heir survive the death of the grandparent in question). You should consult a lawyer who can ask thee specific factual questions that will allow them to provide you with a clear (and correct) answer. You will need the will(s) of your grandparents to review the language. Generally speaking, your grandparents likely had "reciprocal" wills, whereby the first to die left everything to the other, so only the will of the second grandparent to die would govern distribution of their estate. If the will leaves everything equally to all three sons (your dad and two uncles), and does not specify that distribution depends on the son being alive at the time your grandparent dies, and your dad predeceased that grandparent, then your dad's share would go to his heirs at law in equal shares, including yourself. If the will requires that your dad be living to get an equal share at the time your grandparent died, and he was not living at that time, then only your two living uncles would share in the estate and you would get nothing; however, if your dad was living at the time of your grandparent's death, but later died before the grandfather's estate was distributed, then your father's heirs are entitled to your father's one-third share (to be divided equally).

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