Are my siblings and I entitled to my deceased father’s share of his brother’s estate?

UPDATED: Feb 16, 2012

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Are my siblings and I entitled to my deceased father’s share of his brother’s estate?

My uncle 2 months ago. He had no spouse, children or parents living. My father (brother to decedent) is deceased (10 years ago) there are 2 surviving siblings of my uncle. Are my siblings and I entitled to my father’s share of my uncle’s estate. There was no Will.

Asked on February 16, 2012 under Estate Planning, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  If your uncle dies with out a Will it is known as "intestate" and then the intestacy statutes in the state will govern how his estate is divided.  It is my understanding that in Minnesota you would indeed take your father's share of your uncle's estate, even if he pre-deceased him.  The statute states "by representation" which is the same as "per stirpes" under other state statutes.  Confirm with an attorney in your state.  Good luck.

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