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jb156200, Attorney
Category: Estate Law
Satisfied Customers: 267
Experience:  I am a Probate Attorney practicing in Tampa, Florida.
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My Grand-Father Born October 15, 1911 celebrated his 105th

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My Grand-Father Born October 15, 1911 celebrated his 105th birthday yesterday. I reside in New York.
Although he resides in Alabama, on his huge farm with the only (2) Two remaining siblings of my mother, who passed in 1997.
Assuming they are the Executors of his Estate and Heirs to his Will. My mother was born
to him, but out of wed-lock.
As an offspring of his Bloodline are my Three siblings and I entitled to any the more than
150 acres of property he (my grandpa) owns ? My grandpa is in good health,mind and body.

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.

Customer: replied 9 months ago.
He has a Will, he has discussed the matter, but he didn't specify any of the Heirs, nor my deceased mother.
which was his daughter, not by marriage, as his other Seven Children, from his wife.

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.

Customer: replied 9 months ago.
His elderly (living) daughter and son, my aunt and uncle are the heirs to his farm. Which neither has never ever mentioned
my mother.Who is deceased since 1997.

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.

Customer: replied 9 months ago.
Thank you for your Answer !

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.

Customer: replied 9 months ago.
No; because they both have families of their own, children and grand-children.

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."

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