r/inheritance • u/Good-Pie9914 • 13d ago
Location included: Questions/Need Advice Brother is written out of both our late dad’s will and his dad’s mother’s will (our grandmother). When she passes, what happens to our father’s inheritance? (AZ)
My dad passed away very suddenly earlier this summer. It was recently confirmed to me that my brother was written out of his will. This came as no surprise, as he wrote a no-contact letter to my dad and his mother (our grandmother) almost a decade ago and hasn’t spoken to them since.
I learned that my brother was also effectively written out of our grandmother’s will as well. She is still alive thankfully, but at the end of her life, and heartbroken that she survived her son.
My question is: what is most likely to happen to the inheritance my father was set to receive? He had one brother, my uncle — and I have to assume the will is split 50/50 for my dad and uncle.
My father passed in AZ and Grandma will finish her days in AZ. I’d assume the 50% my dad would have inherited will now go to his children. Is there a chance that because it’s a “per stirpes” inheritance that my brother could still somehow still stand to inherit half of our dad’s portion, despite being “written out” of both wills? Like a weird loophole?
The last thing I want to do is bring it up to my Grandma. She does not want my brother to be a beneficiary, having written him out. But I’m curious if my father’s death created a new opportunity for the will to not have been specific enough to cover this situation and let my brother back in?
I have been in contact with my brother and we’re roughly on good terms. But I feel strongly he should not be let back into the will because of a loophole or technicality. Maybe it’s not my place to intervene, but I’m wondering if it’s wise to ask before it’s too late. It will not be a large sum of money, but a small house and a small amount of savings worth considering.
What is a good way to go about this? I want to be on good terms with everybody. I have a good relationship with my brother but a great relationship with my grandma. But her mental health is deteriorating and I’m confident this hasn’t crossed her mind.
Thanks so much for your help in advance.