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Buachaill, Barrister
Category: Law
Satisfied Customers: 10973
Experience:  Barrister 17 years experience
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My dad was left a quarter share in s fathers estate but he

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my dad was left a quarter share in his fathers estate but he passed away before the estate was settled it says in my grandfathers will it will go to his stirpes which I'm aware is us (my fathers children) (all over 18) I just need to know legally is that me and my siblings money or my fathers?

1. Dear Alex, your Dad's quarter share in your grandfather's estate would only go automatically to his children to be divided equally or per stirpes between them if your father had died before your grandfather. Here, as your father survived your grandfather, it will be your father's will, if he left one, or else the rules of intestacy, which will govern how the quarter share will devolve. Here, as your father survived your grandfather, he inherits the quarter share. It makes no difference that your father died before your grandfather's estate was settled. He still inherited the quarter share.

2. So, the quarter share of your grandfather's estate will fall to be dealt with by the will of your father, or else, if he left no will, by the rules of intestacy. The quarter share of your grandfather's estate is legally your father's money, not the money of yourself and your siblings. You only have rights then to your father's share under his will or else by intestacy.

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Customer: replied 1 year ago.
Thanks for that and therefore any debts my dad passed away with will have to be payed?

4. Dear Alex, I regret to say that any debts owed by your father at the time of his death will have to be paid out of his estate, which will include the quarter share in your grandfather's estate, in priority to the assets passing to the beneficiaries of his estate.

Customer: replied 1 year ago.
Ok thanks for the advice

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