Inheritance from grandmother via deceased father

25 posts in this topic

Posted

Over the past two years my aunt had two lawyers suing an old folks home for mistreatment and abuse of her mother, which resulted in her dying quicker than she should have. When the case started I was notified by the lawyers that I would take my father's share (deceased) if and when the settlement was paid.

 

Recently I was told I was not entitled to claim my father's share, and that his share would be spread among the living children of my grandmother. I've always thought anything that would be entitled to my father would automatically pass onto me as being his only living heir.

 

Does this sound right? Am I legally not entitled to my father's share in a wrongful death case?

0

Share this post


Link to post
Share on other sites

Posted

Well the amount in question is 2,000$, not really something I'd hire a lawyer for, just thought it was odd they would notify me when the case started then nothing 2 years later.

0

Share this post


Link to post
Share on other sites

Posted

My mother specifically put in her will, and I have done so in mine, that each of her children would benefit equally. The share of any child who pre-deceased her would be split equally among the dead heir's living children.

This may not have been specified in the judgment of your grandmother's settlement. I think you're right - $2000 is not that large a sum. But you might inquire about how the decision to split the judgment was made.

1

Share this post


Link to post
Share on other sites

Posted

Just to clarify something, this isn't about her will. Her will was paid out to only one child out of 12 (2 deceased). There was some drama regarding her will since my Aunt B, and her husband took care of my grandma through dementia for 10+ years. Legally she was given power of attorney while my grandma still had her mind in place.

 

My aunt B had to move her to an old folks home, whom mistreated my grandma which caused her to die sooner than expected. After my grandma's death, aunt B sued the old folks home for the mistreatment of her mother which lasted for two years. However right before her will was suppose to be read, my other aunt, aunt G, went to a lawyer with a signed power of attorney which was dated that it was signed before my Aunt B's power of attorney and with an alternate will that left everything to Aunt G; Her entire savings, house, etc and took control of the wrongful death case as well, but legally it has to go to her children.

 

So in short, my Aunt B took care of her dementia stricken mother for 10 years in the family home, remodeled it over the years. Then Aunt G, came out of nowhere and stole her mother's inheritance from her siblings and stole the house (and lost it due to taxes) from my aunt B.

 

Quite frankly, I'm happy to stay away from any of this, because the drama and back stabbing is truly sickening.

2

Share this post


Link to post
Share on other sites

Posted

 

My mother specifically put in her will, and I have done so in mine, that each of her children would benefit equally. The share of any child who pre-deceased her would be split equally among the dead heir's living children.

 

This is the default situation in the UK if you don't leave a will. As US law was based on English common law I don't suppose it would be any different there.

 

Fender, it sounds like someone is trying to screw you or your father was adopted out of the family or some such thing which rendered him inelligible (and so you are inelligible). That's all just supposition and as sarabyrd said, you need to consult a lawyer. And try to get more information about why you've been cut out of the claim.

0

Share this post


Link to post
Share on other sites

Posted

An older power of attorney trumped a newer power of attorney? Which will was most recent? I'm not sure you have your facts quite right - did your Aunt G in fact have the newer PoA and will? Was your grandmother verified as being of sound mind at the time of both wills AND powers of attorney?

 

Your first question doesn't really correlate with your second statement. Your grandmother's estate has been distributed (which some seem to be arguing incorrectly). If all the assets now belong to your Aunt G (is this being actively contested in court, you didn't mention that), then unless your Aunt G specifies in her will that her heirs are her siblings (living and deceased) and that a deceased sibling's portion will be split equally among their heirs, then that's the only scenario where you might now be eligible for your father's portion. It appears that your grandmother's will appears to have been long since executed (considering that the house has already been 'lost') - you should check into timeframes in your state/country about challenging wills - they definitely exist.

 

if the will which rewarded your Aunt G is in fact thrown out by a court of law and the initial will is deemed valid by the court, then and only then will its contents be reviewed to see whether your father is named as a beneficiary and whether it specifies that, by extension, you are as his heir/child. The court would then make an order that your Aunt G would need to return all assets to the estate and to the management of the original executor. Have you seen the original will? Are you aware of whether you might have a vested interest in having the Aunt G will overturned?

1

Share this post


Link to post
Share on other sites

Posted

BGB german

BGB english

 

 

Section 1924

Heirs on intestacy of the first degree

(1)Heirs on intestacy of the first degree are the descendants of the deceased.

(2)A descendant living at the time of the devolution of an inheritance excludes the descendants related to the deceased through himself from the succession.

(3)If a descendant is no longer living at the time of the devolution of an inheritance, the descendants related to the deceased through him take his place (succession per stirpes).

(4)Children inherit in equal shares.

 

0

Share this post


Link to post
Share on other sites

Posted

 

Lawyer up. There must be some kind of family history and inheritance complications that a board of laypersons cannot fathom.

 

 

 

Just to clarify something, this isn't about her will. Her will was paid out to only one child out of 12 (2 deceased). There was some drama regarding her will since my Aunt B, and her husband took care of my grandma through dementia for 10+ years. Legally she was given power of attorney while my grandma still had her mind in place.

 

My aunt B had to move her to an old folks home, whom mistreated my grandma which caused her to die sooner than expected. After my grandma's death, aunt B sued the old folks home for the mistreatment of her mother which lasted for two years. However right before her will was suppose to be read, my other aunt, aunt G, went to a lawyer with a signed power of attorney which was dated that it was signed before my Aunt B's power of attorney and with an alternate will that left everything to Aunt G; Her entire savings, house, etc and took control of the wrongful death case as well, but legally it has to go to her children.

 

So in short, my Aunt B took care of her dementia stricken mother for 10 years in the family home, remodeled it over the years. Then Aunt G, came out of nowhere and stole her mother's inheritance from her siblings and stole the house (and lost it due to taxes) from my aunt B.

 

Quite frankly, I'm happy to stay away from any of this, because the drama and back stabbing is truly sickening.

 

Bingo!

-1

Share this post


Link to post
Share on other sites

Posted

"Quite frankly, I'm happy to stay away from any of this, because the drama and back stabbing is truly sickening."

 

So why post here? I know it's Friday but... Can't help thinking the water is being deliberately muddied.

-1

Share this post


Link to post
Share on other sites

Posted

Definitely sounds like hassle to be avoided for such a small amount of money. My Mum suffered for years because my Oma signed over the family house to my Mum as Mum took take of her until her death. When Oma died, her brothers grim turned up out of the blue open handed and threatened to burn the house down rather than my Mum having it. Cost her several thousand in legal fees not to mention the regular nervous meltdowns.

 

Just another question I've always been unsure of...My German father is married to an English woman and live in England. She has 2 children and I have many valid reasons to call her "Step-Witch". She and Dad (I'm his only child) have told me that when he dies, I get nothing at all - neither does my daughter. I know in Germany there's the issue of Pflichtteil so that children cannot be disinherited for any reason. That's why my Mum has so many problems with her brothers. So the question is...as my Dad is German though lives in England, might the German Pflichtteil law apply in any way? Or is it only governed by the law of the country where you are resident? Just a thought....

0

Share this post


Link to post
Share on other sites

Posted

The EU has launched a portal for cross-border inheritance and succession - successions-europe.eu.

 

I found some potentially bad news for you on another site, however. The relevant part:

 

 

The proposals would give the deceased's country of habitual residence the jurisdiction to deal with the estate and that the inheritance laws in that jurisdiction would apply. It also gives the testator the right to specify in their Will if the law of their nationality should apply instead.

Therefore, if your father truly intends to cut you out of his will, and is able to do so under English law, then you could end up with nothing. But the successions-europe.eu site may say something different.

 

Good luck.

2

Share this post


Link to post
Share on other sites

Posted

Thank you very much ElJeffo...I'll have a read through. The evil demon sitting on my shoulder would love to see my money grabbing step-witch's face if she found that I got anything after all the years of her engineering that I don't! Her "husband erosion" technique is astonishingly accomplished!

 

At least I've convinced my Dad to come and visit us soon without her - she must have let that one slip through the net!

 

Thanks again

0

Share this post


Link to post
Share on other sites

Posted

If he puts a clause in his will stating that his estate is to be handled under German law, which he is entitled to do as a German citizen, then you and your daughter would at least get your Pflichtteil. If he's worried about her wrath, maybe he could at least put that one past her.

0

Share this post


Link to post
Share on other sites

Posted

Interesting point ElJeffo. I'm sure she would have no idea about the Pflichtteil aspect of German law...Maybe I'll have a talk with him. She seems to think that his estate will be shared between her, her 2 kids and her 2 grandchildren.

 

Thanks again

0

Share this post


Link to post
Share on other sites

Posted

Thank you all for posting, and for those questioning why I started this thread, it was I guess to vent partly, and to judge whether or not I was being screwed over or not.

 

My apologies for the confusion from my question. The inheritance from my grandmother has been handled and given only to my Aunt G, so that's a done deal.

 

The wrongful death lawsuit against the old folks home just recently finished and 2,000 was paid out to every child of my grandmother (10 of 12, 2 deceased); the share that was suppose to be my father's was originally suppose to go to me, at least that's what I was told from the lawyers handling the lawsuit 2 years ago.

 

I was told by my cousin, daughter of aunt G, that I wasn't entitled and they gave everyone involved an extra 200$ since I'm not entitled.

 

Unless they know something about my father's roots that I don't know, I'm pretty sure my dad wasn't adopted, but who knows.

0

Share this post


Link to post
Share on other sites

Posted

Hello,

 

My grandmother in Germany just passed away and my Uncle (her son) sent me an email asking for my address. My mother passed away two years ago and I am wondering if I could be awarded an inheritance. My Uncle said it was for the government and I don't know what that means. I live in the United States so I'm clueless on what I'm supposed to do if anything. If you are due money....how do they send it. Does the German government send you a letter? My Uncle's English and my German is limited. Any answers would be super helpful.

Thank You!!

 

[adminmerge][/adminmerge]

0

Share this post


Link to post
Share on other sites

Posted

 

Does the German government send you a letter?

 

I very much doubt that Angie or any of her ministers will write to you.

-2

Share this post


Link to post
Share on other sites

Posted

They are likely to have rather more important things on their plates - at least I would hope so.

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now