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Question:he died about 10 years ago in the state of ky would me and my siblins be entitled to my fathers share in which he pass away 40 years ago??


Best Answer - Chosen by Asker: he died about 10 years ago in the state of ky would me and my siblins be entitled to my fathers share in which he pass away 40 years ago??

If your father died 40 years ago, and your grandfather only 10 years ago, then your father had no share of the estate! You cannot claim what would have been his portion had he not died before your grandfather, especially since there is no way to know what your grandfather's wishes would have been for your father. The law does not work that way. Since your grandfather did not choose to leave anything for you, then you are not entitled to anything. You do not get anything by default either because your father was no longer living to claim a share of his father's estate.

Unless he had a will that specified that his estate would be distributed to his children "per stirpes", it wouldn't happen. In that case, if your father died before your grandfather, then everything that would have gone to you and your siblings. But that estate closed more than 9 years ago, so the executor would have contacted you within a month of the filing of the probate. Since that didn't happen, it's very clear that you won't be getting anything from his estate.

only if your father bequeathed it so. or the grandfather like mine said he left 25 % to my mom or her clan

Wow, sounds like you are desparate. if you had something coming your way, it would have arrived many years ago.