If my mother passed away and a month later my brother died, does that mean her property which goes to me?

Who is the heir?

Asked on June 1, 2016 under Estate Planning, Missouri


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she died with a Will, then that will control who inherits your mother's property. If, and I'm assuming this to be the case, she died "intestate" (i.e. without a Will), then you have a claim. The intestacy laws of all states provide that the children of the deceased inherit along with the deceased's surviving spouse. If there is no spouse then the children take all. Since you have neices and nephews but dont mention a sibling, I assume that they are also deceased. In a situation such as this, your sibling's children will inherit their parent's 1/2 share and you will inherit the other 1/2. As for the real estate, as long as their was no co-owner with rights of survivorship, that property will become part of your mother's estate. However, if there was such a co-owner then at your mother's death, they became vested with 100% owership rights.

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