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This cannot be answered without knowing the state involved or whether there is a will or not. Generally, in most states and in New Jersey, where there is no will, the children of a deceased child will inherit the share of the estate that the deceased child would have received and split it equally. This is called taking by representation. When there is a will, you first have to see if it says anything about that situation and if it does, the you follow the will. A will might say that if any child of mine predeceases me then I give that child's chare to my surviving children, or to charity or to whomever he wants. If the will makes no mention of that situation then the grandchildren take by representation just as if there were no will.

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16y ago
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19h ago

The deceased son's children are typically entitled to their deceased parent's share of the estate that would have been inherited if he were alive. This would vary depending on the specific laws of the jurisdiction or any will left by your father. It is recommended to consult with a lawyer for guidance on how the estate will be distributed.

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Q: My father has died he had 4 sons one son is deceased what share of of my fathers estate is the deceased sons children legally entitled to?
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Are the children of their deceased father entitled to monies from his second deceased wife?

It would depend on the specific inheritance laws in the jurisdiction where the deceased father and stepmother resided. Generally, children from a previous marriage may have a legal claim to a portion of the deceased stepmother's estate if she did not have a will. It is advisable to consult with a probate attorney to determine the children's rights under the relevant laws.


Who is considered an heir?

An heir is a person who is legally entitled to inherit the assets, property, or titles of a deceased person according to the laws of intestacy or through a will. The designated heirs can include family members, relatives, or individuals named in a deceased person's estate planning documents.


Do children who have been adopted by another family have same entitlement to estate as other children?

In most places, adopted children have the same legal rights to inheritance as biological children. This means they are entitled to inherit from their adoptive parents' estates just like biological children are. Adoption is a legally recognized process that grants the adopted child the same legal status and rights as a biological child in the eyes of the law.


Can an adult child legally use the credit card of a deceased parent in the state of Georgia?

No, an adult child cannot legally use the credit card of a deceased parent in the state of Georgia without authorization. Unauthorized use of a deceased person's credit card could be considered fraud and may have legal consequences.


do i the trustee have to provide copies of my fathers benificiaries, my brothers?

A trustee is legally required to give the beneficiary a copy of the terms of trust if they request it.

Related questions

Does family have rights to read their fathers will?

Only those persons mentioned in a will are legally entitled to know it's contents. Spouses, children, and sometimes the parents of the deceased may petition to become beneficiaries of a will even if they were not mentioned in the will as some states have laws against completely disinheriting some family members.


Do you have any claim to your adopted brother's estate?

If he had no will, no wife and children and your parents are deceased you may have a claim if he was legally adopted. You can check the laws of intestacy for your jurisdiction at the related question link.If he had no will, no wife and children and your parents are deceased you may have a claim if he was legally adopted. You can check the laws of intestacy for your jurisdiction at the related question link.If he had no will, no wife and children and your parents are deceased you may have a claim if he was legally adopted. You can check the laws of intestacy for your jurisdiction at the related question link.If he had no will, no wife and children and your parents are deceased you may have a claim if he was legally adopted. You can check the laws of intestacy for your jurisdiction at the related question link.


Are the children of their deceased father entitled to monies from his second deceased wife?

It would depend on the specific inheritance laws in the jurisdiction where the deceased father and stepmother resided. Generally, children from a previous marriage may have a legal claim to a portion of the deceased stepmother's estate if she did not have a will. It is advisable to consult with a probate attorney to determine the children's rights under the relevant laws.


How do you go about owning a car belonging to the deceased?

You would have to get your solicitor to contact the authorities, who will issue a change of ownership document. The solicitor would have to prove the original owner is now deceased, and that you are legally entitled to own the vehicle.


Do step fathers have rights to children if married to bio mother?

Unless the stepfather has legally adopted the children, he has no built-in legal right to them.


If you remarry and your new spouse legally adopts your children will they still get the benefits from their deceased mother?

No, the adoption negates any such claims.


Can a legally married man lose all rights to his children in his marriage if he has a baby in wedlock?

If a legally married man has a baby in wedlock he will have rights to the baby. Fathers do not lose rights to their children based on marital status.


If not legally adopted is a child intitled to inheritence or is the wife?

If there is not will and the child is not the natural child of the deceased, and has not been adopted, they have no legal standing to inherit anything. If the child is the descendant of the wife and not the deceased, the child will get nothing directly, the wife will inherit. And if there were children of the deceased, but not the wife, those children may inherit some things.


What is my wife entitled to after 7 years of marriage in FL?

She will be entitled to what is her share legally.


Can you enter your deceased parents home legally?

no


Can a child have fathers surname even if fathers name is not on birth certificate?

legally, no.


Legally can a landlord refuse me access to my deceased fathers apartment?

Absolutely. He didn't rent to you, he rented to your father. He shouldn't let anyone in until some court declares who should go in there and take everything out.