why would a lawyer send grandchildren papers in mail after grandmother death

by Retha Gottlieb 8 min read

How do you write a letter to a grandmother who passed away?

I am very grieved to inform you that my grandmother has passed away today. Unfortunately, I have to attend her funeral services, and due to this, I would not be able to attend school today. Therefore, please grant me a leave for a day.

How do grandparents get legal guardianship of their grandchildren?

Legal Guardianship: Under a legal guardianship arrangement, the child’s parents continue to retain their parental rights. However, a court order or legal document will give the grandparents the authority to care for the child;

Do grandparents have legal authority to take care of their grandchildren?

However, a court order or legal document will give the grandparents the authority to care for the child; Power of Attorney: When a power of attorney is properly executed, the grandparent is given the authority to make specific decisions about the child.

What kind of legal issues do grandparents and other relatives face?

En español | Grandparents and other relatives who care for children often face legal issues, whether it's dealing with custody or guardianship, or simply getting a child medical care. These are answers to some frequently asked questions. See also: GrandFamilies Resources. What are the options for a formal "legal relationship" with my grandchild?

Do grandchildren usually get inheritance?

Grandchildren Gain Assets by Default Although the intent of grandparents may have been to leave everything to their adult children, an inheritance may be given to grandchildren unintentionally.

Can grandchildren inherit from grandparents if parent is deceased?

Inheritance Rights Of Children And Grandchildren In general, children and grandchildren have no legal right to inherit a deceased parent or grandparent's property. This means that if children or grandchildren are not included as beneficiaries, they will not, in all likelihood, be able to contest the Will in court.

How do you deal with unequal inheritance?

1. Be Honest. If you choose to leave unequal inheritance for your children, one of the best ways to avoid hurt feelings and resentment among your children is to have an open and honest conversation with them about why you made your decision.

What should you not do when someone dies?

Top 10 Things Not to Do When Someone Dies1 – DO NOT tell their bank. ... 2 – DO NOT wait to call Social Security. ... 3 – DO NOT wait to call their Pension. ... 4 – DO NOT tell the utility companies. ... 5 – DO NOT give away or promise any items to loved ones. ... 6 – DO NOT sell any of their personal assets. ... 7 – DO NOT drive their vehicles.More items...•

Can a grandchild contest probate?

When Can a Will Be Challenged by Grandchildren? A Will cannot be formally contested prior to the grant of probate unless the contest relates to the validity of the Will and the capacity of the deceased to have made the Will.

Who is legally entitled to inheritance?

Children, but no spouse or civil partner: your estate is divided equally among your children (or their children). Parents, but no spouse, civil partner or children: your estate is divided equally between your parents or given entirely to one parent if only one is living.

How do you deal with greedy siblings?

To deal with greedy siblings:Cultivate empathy for them and try to understand their motives. ... Let them speak their peace, even if you disagree.Be understanding and kind to the best of your ability.Take time to think about your response to them if you feel overwhelmed or triggered.More items...

At what age can a child inherit money?

18 yearsWhen a child reaches the age of 18 years, they cease to be a minor. This limit underage children to inherit assets while they are still minors. The dilemma with assets for children who are underage is who will look after and manage the assets which they stand to inherit.

Can inheritance be disputed?

Inheritance disputes can be caused by a number of factors. On the death of a relative a dispute can arise if one family member is left out of the will and others inherit. In the case of the death of a parent a dispute can arise if one or more sibling is favoured over and above the others.

How long after a death is a will read?

This usually takes around 3 weeks.

What does a buried body look like after 1 year?

2:374:06After 10 Years In A Coffin, Here's What Happens To Your Body - YouTubeYouTubeStart of suggested clipEnd of suggested clipWith cartilage bones and hair staying intact much longer than muscles and organs with no coughing orMoreWith cartilage bones and hair staying intact much longer than muscles and organs with no coughing or embalming a body in the ground in nature takes 8 to 10 years to totally decompose.

Where does the soul go after it leaves the body?

“Good and contented souls” are instructed “to depart to the mercy of God.” They leave the body, “flowing as easily as a drop from a waterskin”; are wrapped by angels in a perfumed shroud, and are taken to the “seventh heaven,” where the record is kept.

Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

What are some examples of factors that a court considers when deciding whether to grant grandparent custody?

Other examples include: The grandparents’ financial ability to care for the child; The grandparents’ physical and mental health;

How much does it cost to adopt a grandchild?

This includes how much it will cost to adopt the grandchild. On average, independent adoption costs between $8,000 and $40,000. Grandparents should expect to pay around $10,000 to $15,000.

What is the custodial parent?

Child custody rights determine who a child lives with when the child’s parents are legally separated, divorced, or deceased. This person is generally referred to as the custodial parent. The custodial parent is responsible for providing for the child’s basic needs, such as food, clothing, and shelter. Additionally, the person who is granted custody ...

What happens when a child's parents are unable or unwilling to care for their child?

Foster Care: When the child’s parents are unable or unwilling to care for their child, the state could assume legal responsibility for the child. They would then temporarily place the child in the foster care system, and the foster parents are responsible for the child’s daily needs.

Is a grandparent adoption open?

Most grandparent adoptions are considered to be kinship adoptions, and as such are considered to be open adoptions. Under an open adoption, the grandparent may permit interaction between the child and the parents. However, the circumstances will determine the amount of allowable interaction.

Can a parent be unfit to take care of their child?

Whether a parent is unfit to care for their child is determined by the court alone. Each state has its own laws which determine when to allow grandparents to have custody of their grandchild. Because it is presumed that parents have the right to determine who may have a relationship or contact with their child, ...

Can a grandparent be considered for foster care?

A grandparent may be considered for foster care; Legal Guardianship: Under a legal guardianship arrangement, the child’s parents continue to retain their parental rights. However, a court order or legal document will give the grandparents the authority to care for the child;

Gregory Paul Benton

As stated, if there was a will or trust that controls your share, you may have to wait. That said, you should have seen and read those documents by now. A lot of time has passed and it sounds like your uncle is not going to budge.

Christine James

Hello, Was there a trust or Will involved? If yes, then those documents would decide what you and your siblings get...

Ivette M Santaella

Depends on the language of the estate plan in place (assuming there is one).

Why do grandparents balk at legalizing their grandchildren?

Grandparents frequently balk at legalizing their relationship with their grandchildren because they fear the reaction of the children's parents. Grandparents may fear to cause a permanent rift between themselves and an adult child, no matter how dysfunctional that child may be as a parent.

Why should grandparents seek guardianship?

When grandparents find themselves raising grandchildren, there are some good reasons why they should seek guardianship, primarily to prevent the children from being summarily taken back by the parents. Although courts give parents special consideration in custody cases, if the grandparents lack legal ...

Why are grandparents cut off?

One in 10 children in the United States lives with a grandparent. 1  A third of these households have no parents present at all, so the grandparents are raising their grandchildren by themselves. These households are sometimes called skip generation families.

What are the rights of a guardian?

Guardians have decision-making rights in the areas of education and medical care , including psychological and psychiatric care. 3 In some states, guardians have additional rights, including the right to name alternate guardians for the children in their care.

Can grandparents be legal foster parents?

Some grandparents raising grandchildren become legal foster parents. Taking this step enables them to access a wider variety of resources than what is available to those in informal arrangements. They may receive payment for fostering and may qualify for some legal services.

Can grandparents represent themselves in court?

Sometimes grandparents can even represent themselves in court. Almost universally, grandparents want what is best for their grandchildren. In some cases that means being with their grandparents. In such cases, it's best to make grandparent custody legal. Grandparent Visitation Rights.

Is a child guardian responsible for a broken window?

Child guardians may be legally responsible for the deeds of the children in their care. This can range from paying for a broken window to much more serious misdeeds. The financial burden of guardianship often goes beyond what is supplied by the parents and/or any governmental agencies, so it is not an arrangement to be entered into lightly.

What happens to a parent's rights when a child is adopted?

For example, another family member may be denied the opportunity to visit with the child. Parent's rights are usually terminated permanently when a child is adopted.

What is kinship care?

In an arrangement known as "kinship care," a child is placed with a relative or a close family friend. When a grandparent becomes a foster parent though kinship care, the grandparent is responsible for the day-to-day decisions and care for the child — though the state retains legal custody and pays for the child's care.

Do you get a guardianship subsidy for a child?

Only a few states also have guardianship subsidies for children who go straight from their parent's home to another relative's guardianship. Adoption subsidies are one-time or ongoing cash payments that may be available when a child with special needs who has been under the care of child welfare system is adopted.

Do you have to have custody of your grandchildren?

Most public benefits for your grandchildren, such as cash assistance or free/low-cost medical care, do not require you to have custody or guardianship. Most benefits for children do not count the caregiver's income either.

Is it easier to get a visitation lawyer or mediation?

Mediation often costs less that going to court, and can be easier on everyone. If that doesn't work, you'll need to get a Family Law lawyer who can tell you about the visitation laws in your state. The system seems to make it harder for me to raise grandchildren — not easier.

Can a grandchild be taken from you?

If you are the primary caregiver for your grandchild, it may be important to establish some kind of legal relationship. If you don't, the child's parent can take the child from you at any time. What's more, you may have trouble getting medical care for the child or enrolling him in school.

Why is it important to have a daughter in law?

Daughters generally have closer ties to their own parents than to their in-laws, which often leads to warmer relationships between their children and the maternal grandparents. Hence, your relationship with your daughter-in-law is more strongly associated with the quality of ties to your grandchildren than your relationship with your son.

What is the role of a mother-daughter dyad?

Mother-daughter dyads engage in more frequent phone contact and more emotional support and advice than mothers do with sons or fathers with daughters. Women are more active in arranging calls and visits, sharing family news, and planning holiday gatherings.

Is a daughter in law more likely to be a son in law?

A daughter-in-law tends to be the gatekeeper more than a son-in-law, and can cement or thwart the relationship with your grandchildren as well as your son. When there is tension between a mother and her daughter-in-law, the mother is most likely to lose out. A son/husband/father is more likely to support his wife's feelings than his mother's in ...