if my brother and I are the only remaining survivor children of 4, what are my rights regarding the division of the estate?

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if my brother and I are the only remaining survivor children of 4, what are my rights regarding the division of the estate?

When my mother passes, my brother (the executor of the Trust) has stated that he intends to give equal shares to my deceased brother’s wife and my deceased sister’s children. I don’t agree with this division.

Asked on May 22, 2014 under Estate Planning, Colorado

Answers:

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

Answered 6 years ago | Contributor

The help with this dilemma lies in if your Mother has a Will and/or what the terms of the Trust provide.  If your brother is merely following the terms of the trust as dictated by your Mother you really have no say in how the money is divided. A parent can indeed provide that their deceased child's portion of their estate pass to his or her living heirs.  


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