If my mother passed away and my older brother is the executor of the Will, since he died and I’m now the executor, will his children have the right to my mother’s Will for distribution of assets?

Asked on October 1, 2015 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your brother did not pre-decease your mother, then your brother and you directly received what is in the will. What happens with his estate from then on is not an issue of your mother's estate.
If your brother died prior to your mother's estate, then the issue will be to carefully read the will. Did she specifically detail what would happen to certain gifts or bequests if one or both of her children predecease her? If not, then it still gets divided as if he were alive but in simple terms: you get hald, and the remaining half is evenly divided to his children.

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