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rsanders9640

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  1. rsanders9640

    Named in Will but No Longer a Grandchild

    I thank you for your opinion. You share the same opinion my financial adviser had regarding being specifically named. I am going to go ahead and wait to receive this "document/letter" or whatever is being sent via snail mail, then likely consult a probate attorney from there. Thanks again for taking the time to reply!
  2. rsanders9640

    Named in Will but No Longer a Grandchild

    Thanks for the reply. Yes, the father of my former step mom; they were married for a decade and divorced about 3 years ago. I am positive regarding executor. And I know this person (one of the sons of the deceased). He's also a lawyer and never liked that I was in the will in the first place, that much was clear. He's advised me he's sending a document or something I need to sign I am guessing, via snail mail, which I have yet to receive and that which will confirm the 50% reduction if I agree to it. Yes, I was able to obtain a copy of the will. This is the exact wording and the only place I am mentioned - "Each of my grandchildren listed below are to receive $40,000.00. In the event that any of my grandchildren have predeceased me, their share shall lapse. 1. Name 2. Name 3. Name 4. Name (me)" And that's it. The executor is claiming that in the above statement, the term "grandchild" is ambiguous and if taken to court the decision could go either way, which is his logic for only offering 50% as compromise to avoid court I guess? I know not to rely on the opinion of anonymous strangers on a message board. But I wanted to see what someone thought of this regardless. I am not sure what the legal definition "grandchild" means here (google search pages I browsed through mention direct bloodline only but that's obviously not what the testator meant here if I'm included and named along with the others) and if this would still apply to me, even though as of 3 years ago, I technically became a former step-grandchild due to the divorce of my dad and step-mom. I did remain fairly close with the deceased and saw him often, even after the divorce and up until a year ago when he was relocated to another state due to failing health. Not that that matters I suppose, but figured he did have plenty of time to amend the will if he had wanted me out of it.
  3. My former step grandfather recently passed away (my father and step-mom had divorced about 3 years ago). I learned that I was specifically named in my former step grandfather's will about 6 years ago as a "grandchild" along with the biological grandchildren to each receive an equal amount of money. There were no other specific terms or conditions except that if a grandchild predeceased then their share would lapse. I was contacted by the executor, who stated that the term "grandchild" is ambiguous in the will, and that I am not necessarily entitled to my share any longer, and that he's not sure how a court would rule in this situation, but offered 50% of the share designated to me in the will as a compromise. Should I accept this offer? Is there any legal precedent for a situation like this? Thanks!
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