If my brother died last year and left a son, does my adult nephew have any rights to his dad’s belongings?

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If my brother died last year and left a son, does my adult nephew have any rights to his dad’s belongings?

My brother was storing things for his mother. There is a motorcycle that belonged to the grandfather (who is now deceased). There is no Will; married less than a year.

Asked on May 16, 2012 under Estate Planning, Kansas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  So if I understand i your brother was remarried at the time of his death and has a son from a previous relationship, correct?  Under Kansas intestacy laws the spouse would get one half of the estate and the son the other half.  Here is the link to the statute:

http://www.mystatewill.com/statutes/ks_law.php 

You have concerns about property that was not your brother's but in his possession at the time of his death, correct?  The person who owns that property needs to make a claim asap.  Good luck.


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