Shoshone, CA Estate Planning Law Firms & Lawyers

Unfortunately the law does not give any right to inheritance to grandchildren. If the will only named the living children, there is no right the grandchildren of the deceased child can assert to claim an inheritance from their grandmother. I'm sorry the news is not better. Step children and grandchildren need to be provided for in specific ways because the law does not give them default rights.

There is a potential for a disastrous and costly legal dispute between you and your step-daughter depending on the value of your husband's estate, the beneficiary designation of any retirement and life insurance he may have and the title ownership of the house because while you can elect against the will for part of his estate, proving what was jointly acquired and what you separately own is fraught with possible argument. He and you should get new wills.

Somebody can petition the court to be her guardian. Now understand, that the sale of the property may be necessary to provide funds to take care of the lady. But it is also possible that the woman with the POA is abusing it. A guardian can protect the lady and maybe get the funds back.