Does my brother-in-law have any claim to my parents estate if my sister is deceased?

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Does my brother-in-law have any claim to my parents estate if my sister is deceased?

I am the only surviving child in my family and I have 4 sons. My sister and her husband did not have any children. Does my brother-in-law have legal claim to a portion of the estate if there was no Will?

Asked on July 26, 2017 under Estate Planning, Utah

Answers:

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

Answered 3 years ago | Contributor

Your parents died "intestate" (i.e. without a Will), so their estate goes to their children. However, being that your sister pre-deceased your parents, her share would go to her children, if she had any. Since she did not, then her share would go to your parent's next descendants. In this case, that would be you.


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