If my brother passed 3 years ago and my mother dies without a Will, will my deceased brother’s son receive a share of the property?

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If my brother passed 3 years ago and my mother dies without a Will, will my deceased brother’s son receive a share of the property?

My father died 2 years ago; my mother has not remarried.

Asked on May 16, 2012 under Estate Planning, Illinois

Answers:

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

Answered 8 years ago | Contributor

Sorry to hear about your brother and your father.

If your mother does not leave a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under intestate succession, since your mother does not have a surviving spouse, the estate would be inherited by you and your deceased brother's  son.  Each of you would receive one half.  Your brother's son is inheriting the half that would have gone to your brother if he had survived, assuming that your brother's son does not have any other siblings.  If your brother's son does have additional siblings, your brother's half will be divided equally among his surviving children. 


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