Estate Law Questions? Ask an Estate Lawyer.
Good Evening. My name is ***** ***** I am a licensed Estate Attorney. There are two ways his farm will be devised. First is if he has a Will. If he has a Will then the farm goes to who he names in the Will as the beneficiary. You and your siblings would have no claim because as long as the Will is validly executed and he is competent, then the terms of the Will trump bloodline.
Second, if he dies without a Will, this is called intestate. According to Alabama intestate laws, if he dies with no spouse, then his children inherit an equal share.
If he has no children living when he dies then the grandchildren would inherit equally.
What do you mean..."he didn't specify any of the heirs"?
Do you know what the Will says?
If he has a Will, then who he names in the Will is who will inherit the property. Usually an individual will say..."to my children (or grandchildren) who survive me." If the Will states this provision then you and your siblings may have a claim to an interest in the farm.
Then the farm will go 50% to each of them according to the terms of the Will. If your mother is not named in the Will and neither is you or your siblings, then you have no claim to the estate.
The only way to gain interest in the farm is if he were to execute a new Will, terminating the old Will, and naming you and your siblings in the document.
You may have a claim if both your uncle and aunt die before your grandfather.
Please let me know if you have an additional question or need clarification. Please don't forget to rate my answer. Thank you.
That is correct. Unless your grandfather changes his Will to say..."if I am not survived by my children, then my grandchildren shall share equally."