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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33112
Experience:  30 years experience in the practice of estate law.
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My grandmother had 2 sons, my father and my uncle. My father

Customer Question

My grandmother had 2 sons, my father and my uncle. My father passed away before his mother passed away. If she had her possessions split equally among her heirs, how should the proceeds of the sale of her house be divided?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Loren replied 9 months ago.

Hello. I am Loren, a Florida licensed attorney, and I look forward to assisting you. My condolences for your loss.

Was there a last will, or did your grandmother die intestate?

Customer: replied 9 months ago.
I believe there was a will, My grandmother had a long time boyfriend that lived with her in her house. She actually passed away a few years ago; but, it was her wish the her boyfriend be able to remain the in the house as long as he wanted to or was able to. He recently decided that he needed to move to an assisted living facility. Since that time the house was sold; and, it was my understanding that the proceeds would be split between my father and my uncle, (or their next of kin, if they had passed). My father passed before my grandmother. Since the house has been sold, my uncle has kept most of the proceeds; and, has been giving my mother bits of cash every now and then.Basically I want to know if 1/2 of the proceeds should have been divided amongst my father's children?
Expert:  Loren replied 9 months ago.

Thank you for the additional information.

If your grandmother died without will then the intestate distribution of your father's share of the estate would go to you and any other children he had to be split evenly between you.

The same is true of the will, unless it specified otherwise.

Expert:  Loren replied 9 months ago.

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