A person dies at 97 and you need to settle an estate, he has three surving sisters and two daughters, one daughter gave up her kids to the grandfather (full physical custody) when the kid was 6 years old. Who has the rights to the estate in the event of him dying without a will? the two daughters or two daughters and grand child?
State/Country relating to question: Wisconsin
The grand daughter is doing guardianship now to make sure her grandpa is safe and cared for which the daughters are not doing good with. We have paperwork showing the full custody of the young grand daughter by the grandparents (grandma has passed already).
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.The granddaughter would have to be legally adopted in order to share in the estate. If she is not legally adopted, custody alone will not allow her to share in the estate. Under the rules of intestate succession, it all would go to the two natural daughters.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
Is there any circumstances or presidence that can change that with the estate sharing? We have many other family members and close friend of the grandfather that said the grand daughter should have the estate. The grand father told these people that the grand daughter should get everything (but no will done) and they would sign about that too. She quit her job and took care of her grandmother for a couple years up til she died and when very young the grand fathers pet bear (does sound stupid don't it) ripped off 90% of the grand daughters leg and then went through a decade of surgeries.
Unfortunately, there is no precedent that would help here. If she was to get the estate, then a will had to be done. If there is no will, opinions or recollections of verbal promises are not going to change anything. The only way she would be entitled to anything is if the natural daughters allowed her to share in the estate.
Over 8 years of legal estate experience.
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