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Will my brother and I inherit our father's share of the estate?

Will my brother and I inherit our father's share of the estate?

Q: How long do you have to claim inheritance money?

The time limit to claim inheritance money varies by state. In Delaware, beneficiaries typically have a period of 3 to 4 months after the estate is probated to file any claims. It's important to check the specific laws in your state and consult with an attorney to ensure you meet any deadlines.

Q: Is there a time limit on claiming your inheritance?

Yes, there is a time limit on claiming your inheritance, which is generally set by state law. In Delaware, beneficiaries usually have a specific timeframe, often around 3 to 4 months after the estate is probated, to assert their claims. It’s important to be aware of these deadlines to ensure you do not lose your rights.

Q: What is the order of next of kin?

The order of next of kin typically follows a hierarchy established by state law. In Delaware, the order usually starts with the spouse and children, followed by parents, siblings, and then more distant relatives. If there is a will, the distribution may differ based on the testator's wishes.

Q: How long does an heir have to claim their inheritance?

An heir generally has a limited time to claim their inheritance, which varies by state. In Delaware, heirs usually have about 3 to 4 months after the estate is probated to make their claims. It's crucial to be aware of these timelines to protect your inheritance rights.

Full question:

My grandparents passed away recently and their estate is being taken care of by my uncles. My father passed away 10 years ago and we are his next of kin. Unless it is specifically stated in the will that the estate goes to my uncles (the only surviving children to my grandparents), should my brother and I receive what would be my fathers share? 1/3rd of the estate.

Category: Wills and Estates
Date: 04/07/2025
State: Delaware

Answer:

In Delaware, the relevant laws state that if a beneficiary (like your father) has passed away before the will was executed or before the testator (the person who made the will), their share typically goes to their descendants (children) per stirpes. This means that you and your brother would inherit your father's share of the estate unless the will specifies otherwise.

According to Delaware law (12 Del. C. § 2313), if a deceased beneficiary is a grandparent or a lineal descendant of a grandparent, their children (you and your brother) can take their place in the inheritance, provided you survived the testator by 120 hours. This rule applies unless the will has different provisions for distribution.

Therefore, unless your grandparents' will explicitly states that the estate goes solely to your uncles, you and your brother should be entitled to your father's share of the estate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long can an executor withhold money from a beneficiary?

An executor can withhold money from a beneficiary until the estate is settled, which can take several months to years, depending on the complexity of the estate. However, they must act in good faith and follow the terms of the will and state laws. Beneficiaries have the right to request an accounting of the estate and may challenge delays if they are unreasonable.

How long do you have to claim inheritance money?

What are heirs of a decedent who receive property from the estate called?

Heirs of a decedent who receive property from the estate are commonly referred to as beneficiaries. They may inherit under a will or through intestate succession laws if there is no will. In Delaware, beneficiaries can include children, grandchildren, and other relatives, depending on the family structure and the will's provisions.