Q: My grandmother had 4 kids. 2 passed away. Can the other 2 take off the names of those who passed.
Do the children of the ones who passed have legal rights to the house?
A: In general, if there is any trust or will, the assets (heritage) is distributed according to that document. It is possible to contest the trust or will in certain circumstances. If there is no will or trust, when a descendant dies, the heir that he would have received, would go to the descendants' descendants. If the descendant does not have any heir, then to his alive siblings or deceased sibling's descendant. So, two questions should be asked: 1. Is there a will or trust? If no --> 2. Did the deceased child had descendants, heir, or will?
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A:
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed, the terms of the will generally govern who inherits the house.
2. The form of ownership: The rights of the heirs may also depend on how the grandmother owned the house - whether she owned it solely in her name, as a joint tenant with others, or as a tenant in common.
3. Laws of intestate succession: If the grandmother did not have a will, California's intestate succession laws will determine who inherits the house. Under these laws, if a child of the grandmother predeceased her, that child's share of the estate would typically pass to the child's own descendants (i.e., the grandmother's grandchildren).
In general, the surviving children cannot simply "take off" the names of the deceased children as heirs to the house. The children of the predeceased children (the grandmother's grandchildren) may have legal rights to inherit a portion of the house, depending on the factors mentioned above.
It is best to consult with a qualified probate attorney to determine the specific rights of all potential heirs based on the unique circumstances of your grandmother's estate. The attorney can help navigate the legal process of distributing the estate according to California law and any valid will that may exist.
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