Inharitance Left by Estranged Dad...Help!

Hi there,

I hope someone out there can help me. My dad died a couple years ago & shortly after his death, his mom died.  She left him some money (although he was estranged with his kids we know he was broke).  We (his kids) are due to get about $900 each - not loads but something essentially from my Grandmother.

Now my concern is this: 

My brother & sister who live in the US have opened a Trust in my dad's name.  They've stopped short of pursuing it in case my dad had any debt - their thought is that his debt (if he does have any) will become their debt.  I know that any debt of his will take the money, but is it true that they would incur his debt as well?

I was hoping to pick it up where they left off when I visit next, but wanted to hear some opinions..

Many thanks in advance!

It's all a question of timing.

If your dad died with no money but lots of debt then his creditors get nothing. At that point your grandmother died and her will is now the one in question. Generally if someone who is named in a will is dead then the will would dictate who would be next in line to receive the inheritance. This is the position your departed father was in when your grandmother died. What does we will say? If it names her grandchildren as secondary inheritors then you receive the money directly from her estate. This is an area that has way too many variables. You need to consult an attorney in your grandmothers home state. Preferably one who can help in your fathers state as well.

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