Legal Question in Wills and Trusts in California

No will - who get what, are grandchild included if deceases child is dead?

Hello,

My grandfather died a few years back, and he has no surviving spouse. There were some insurance policies that were cashed in by his children and each got a payment. My father who is one of the children died 20 years ago, and has four children. Since the policies were split up and given to each of my grandfather's children, shouldn't my father portion be given to me, and my other siblings to split? I can't seem to find a definite answer on the web. Thank you.


Asked on 8/09/05, 12:17 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: No will - who get what, are grandchild included if deceases child is dead?

It depends on how the policies were written. Usually, yes, the next of kin will take by representation.

Try searching the web for a law school estate planning outline, that will explain the two forms of representation when a beneficiary passes away.

If you would like some legal assistance, please feel free to contact our office at 626-578-0708 or visit us online at www.No-Probate.com.

Regards,

Scott

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Answered on 8/15/05, 3:33 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: No will - who get what, are grandchild included if deceases child is dead?

these questions cannot be answered without a copy of the life insurance policies, the bank account statements for the proceeds and additional details regarding the individuals.

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Answered on 8/12/05, 2:26 pm


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