Q: My uncle probated my grandmother's estate. My dad is a named beneficiary, he died, I am executor - why was a GAL used?
The GAL emailed a brother, stating dad's 3 kids Stood in Place. The GAL emailed me Dec 28, 2024, exactly 2 years 1 day post-affidavit filing. She told me my Dad was not entitled to inherit because of para 3 of the will, which states a beneficiary must die more than 30 days after her. Itnwqs five months.
But the GAL stated dad died before grandma.
I replied with a quote from her email. And stated: Don't tell me when I had to tell them to end life support. Let me tell you people don't die immediately. He breathed in great convulsive gasps for four hours.
I then said if probate closed, two emails establish her and her lies to the court, which uncle knew to be lies, the documents prove she did not fulfill A SINGLE duty to the Estate.
My family seems to have corroborate to deny dad's estate his due.
By signing off on probate, my aunt and uncles in so doing affirmed my dad died before grandma. Which they of course know is a blatant and evil falsehood.
What do I do?
A:
I can't tell from your facts exactly how to help you. I recommend you meet with a probate attorney.
When the beneficiary of a Will dies before receiving the inheritance who receives the inheritance is usually determined by the survivorship period listed in the Will (often 30-120 days). If your father survived at least that period past your grandmother's death then your father's estate inherits (instead of the inheritance going automatically to the next person listed in your grandmother's Will). I don't know why a Guardian ad Litem (GAL) would be appointed except if one of your father's children was under age 18.
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