What is the most equitable way to distribute assets to heirs and their children if one of three heirs does not have children?

There is a will, specifying each CHILD to share equally? Then that is the intent of the deceased. Had the deceased chosen to include grandchildren, they would have SAID SO.

The estate is divided in 1/3rds. You should not be penalized for the fact of not having children.

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if one sibling wants a vehicle for their child, then the value of that car needs to be estimated. If it was worth 9000, your "share" of the vehicle is 3000. They would rightfully reimburse YOUR EQUITY in that car.

Just for clarity do you mean they want THEIR shares given to the children? IS there a will? If no will it will likely be divided equally among the three children and nothing more. If they want their stuff I=to include things from the estate then that is part of their 1/3 of the share not from your 1/3. Unbelievable there is no will if the estate is of value though.

OH I read your nursing home query and have many questions on that as his funds will have to first be used to pay those bills before any distribution. That way the estate can pay it without sticking the people of the state with the bills.

AFTER probate the assets that are left are divided among the "actual" heirs then and ONLY then do the people with children divide their third's among their children as they see fit. As for you you are under no obligation to divvy up your inheritance in any way. What happens if you have children in the future are they going to be ready to give your future children a cut?

> Does this sound fair?

NO

Sorry, first you go through probate to ensure your parents didn't have any unpaid debts that must be satisfied from the estate this takes months. You have to publish a death notice so creditors can know a debtor has died and they have to collect their debt. You don't divide stuff the executor of the estate has to have everything appraised for final taxes and this appraisal will be used to divide the personal property when it is finally released. The executor liquidates ALL the "real" assets then you split it three ways minus any debts the estate owes. Then your siblings do whatever the heck they want with their share and so do you if you want to give money to your relatives it is your choice. Most jurisdictions will force the liquidation of any "real" property (anything with a title or a deed) during probate especially if it is divided among different parties. NOTE it is illegal to distribute the estates assets before the probate can be finalized the executor has to keep control of ALL assets until the court OK's the assets release or liquidation. You can be charged with theft for removing property if you aren't the court appointed executor of the estate. If the court hasn't appointed one you might be able to apply for the position in my jurisdiction you can't be a felon or under indictment for financial crimes and you must pay a bond based on the total value of the estate (in case you get sued for screwing something up).

As everyone says, you must follow what the will states. If there is no will, then the law prevails, no doubt giving the estate to the three children. You should agree (perhaps with a mediator) to having an assessor or car dealership value the car and to having a hospital equipment rental place value the hospital bed (at its used, not new, price, because it is only worth what you could get on the current market, not what your parent may have paid). Sell it all, pay any debts, and each child take one-third. You can give yours to anyone and so can they; it is wrong for them to ask you to divide any differently from thirds. They might suggest it, or suggest that you make their children your heirs, but you don't have to and no one needs to know. If there are any other things in the house that might be of "yard sale" or "estate sale" value, you could agree to hold the sale (including agreeing on the professional estate sale person you choose)--and then divide those proceeds equally. AND if there are items in the house that someone may want, or want to give to the kids, you really owe it to yourself to have those appraised at their current resale value and then deducted from the total amount of the person who will inherit them. My sister and I are planning this out ahead of time, agreeing to a mediator and an appraiser as well as discussing special things we'd each like to have. We plan to have an appraisal, then take turns selecting what we want and deducting it from our "share." I may lose out on the crystal, she may lose out on the oil paintings, but it will all be fair because it's accounted for. Best of luck--I know this is a hard time.

Depends on what the will says.

Beyond that it is up to the probate attorney.

Legally, the grand children do not have to come into play in his decision.

It is the immediate a heirs that get the property.

I think that these are the kinds of issues that lead to hurt feelings and divide families. It really isn't a matter of what is fair but what the deceased parents wanted. If they died without a will that leaves you all in a bind as to who gets what. Selling everything and dividing the proceeds three ways may be the easiest solution. Do you even know if one of your parents promised a particular item to a grandchild?

That sounds way too complicated. You probably need to consult a lawyer.

I would sell the assets and divide the proceeds among the three children. Then they can give money to their children if they want, or they can put it in trust or whatever.

With the lack of a Will then assets are split equally between the three children of the deceased, if your siblings then wish to share their own portion of the assets with their own children it is up to them

The fairest way is to divide the total assets by 3, to you are your siblings

If they want to give something to their children, then they give it, from their own share

When my husband's father died the money was divided equally between him and his siblings, my husband then gave our 3 sons some money from that.

The grandchildren don;t have to inherit from the grandparents at all.

You don't get to just decide how the estate is divided. You have to follow the will, if a will exists, or the rules governing intestate succession, if there is no will.