who inheirets what

We live in WV. My Father passed without a will. His wife passed before him. He had 5 children. One son passed before him leaving 4 children. My question is who gets my brothers share, his wife or his children.

Asked on March 12, 2016 under Estate Planning, West Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Sorry to hear about your parents and your brother.
Since your father died intestate (without a Will), the rules of intestate succession determine inheritance.
Under intestate succession, if your father had a surviving spouse, she would have inherited the entire estate.  Since there isn't a surviving spouse, the estate is divided equally among the children.  Your deceased brother's share would be inherited by his children.
Since there are five children, the four surviving children each receive 1/5 of your father's estate.  The remaining 1/5 of your father's estate is inherited by your deceased brother's children.  For example, if your brother had two children, each receives 1/10 because 1/10 + 1/10 = 2/10 = 1/5.  Your brother's widow does not inherit anything from your father's estate.


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