If my brother did not have a Will and was estranged from his daughter, would I be the next of kin as his twin sister?

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If my brother did not have a Will and was estranged from his daughter, would I be the next of kin as his twin sister?

Asked on March 31, 2014 under Estate Planning, Connecticut

Answers:

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

Answered 7 years ago | Contributor

Sorry to hear about your brother.

Since your brother did not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  The fact that your brother was estranged from his daughter does not have any effect on the rules of intestate succession.

Under intestate succession, if your brother had a surviving spouse, she inherits his entire estate.  If there is no surviving spouse, your brother's children each receive an equal share of his estate.  If there is a deceased child, who had children (your brother's grandchildren), the grandchildren inherit the share their deceased parent would have inherited.  If there had not been any surviving children or grandchildren, the estate would have gone to the parents.  If no surviving parents, then the estate would have  been divided equally between you and your brothers and sisters. 

If your brother only had one child, his daughter, she inherits the entire estate if your brother did not have a surviving spouse.

 

 

 


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