Are the children entitled to their father's part of an inherited property? The grandparents left no will and the children's father passed bu...

Question

Are the children entitled to their father's part of an inherited property? The grandparents left no will and the children's father passed but has a brother who is needs to sell the property.

Answer

Only if the father died after his parent.

Answer

In New York, when someone dies without a Will ('The Decedent") and the Decedent has children but no spouse, the children share the Decedent's assets equally. If any of the children are deceased, their children would receive the parent's share. The court proceedings would be somewhat different depending on whether the children died before or after the Decedent.