What to do if my brother and I inherited a house from our deceased mother and now he has died?

UPDATED: Mar 15, 2013

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What to do if my brother and I inherited a house from our deceased mother and now he has died?

My brother lived in it for 7 years and I and was awarded default judgment in a partition action. Prior to the sale of the house my brother died. Upon sale of the house, who is entitled to my brother’s share of the proceeds since inheritance is not subject to community property?

Asked on March 15, 2013 under Estate Planning, California


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

Answered 10 years ago | Contributor

If your brother had a Will then its terms will control the distribution of his estate. If he dies "intestate" (i.e. without a Will), then the laws of the state of which he was a resident at the time of his death will control. These "succession" laws typically provide that an intestate's estate is divided 1/2-1/3 to their children and the remainder to their surviving spouse, if any. If there is no spouse or children then their estate is distributed to thier parents and if there parents did not survive them, then to their siblings, and if none, then down the line to the next of kin.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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