Thursday, 20 February 2014

If my mother died after my brother died does his children have any rights to my my moms estate she left no will we live in the state of cali...

Question

If my mother died after my brother died does his children have any rights to my my moms estate she left no will we live in the state of california



Answer

Yes, if she lived in California when she died. Since she did not have a will or a trust, then her estate passes by intestate succession which means that your brother's children would share his portion of the estate.



Answer

For this answer, I am presuming that you and your deceased brother are your mother's only children and that her spouse predeceaed her. In that case, you would be entitled to 1/2 of your mother's estate, while your brother's surviving children would each be entitled to equal shares from his 1/2 of the estate.



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