Is my niece entitled to part of whather grandmothermother left her 3 children since her father passed without a Will?

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Is my niece entitled to part of whather grandmothermother left her 3 children since her father passed without a Will?

After mother passed and left all to the 3 children – we split up what we wanted and cleaned out house. Then my brother (her Dad) passed in 09 and left no Will. Her attorney says that she is entitled to part of what we split up before my brother died. I know she is entitled to his stuff, but what about the stuff my other brother and I have when the 3 of us cleaned out house?

Asked on March 15, 2011 under Estate Planning, North Carolina

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for the loss of your Mother and your brother.  Let me see if I understand what you are claiming here.  That you Mother left everything to you and your siblings upon her death, either by Will or by intestacy it would have gone the same I am sure.  Now you guys split everything 3 ways.  And then your brother that passed away, he did not want anything else in the house or did he but you did not ask?  He is technically entitle to a third of everything unless he relinquished his right to it.  And his estate is entitled to his share and his daughter (assuming she is the only for now)  entitled to take through intestacy.  So you really have to figure out what transpired before any guidance can be given.  Good luck.


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