If my husband and his brother where the beneficiaries of their great aunt and uncle’s Will, what happens now that his brother has died?

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If my husband and his brother where the beneficiaries of their great aunt and uncle’s Will, what happens now that his brother has died?

The only real asset was the home she had. She passed away about 3 1/2 years ago but probate has still not been concluded. Since then my husband’s brother passed away 2 months ago. Can you tell me if the house goes to my husband alone or does it get split with our niece, brothers and daughter?

Asked on December 8, 2014 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your losses.  Your Aunt's Will should be read to help determine how things will go but I am going to assume that it was passed to your husband and his brother as tenants in common, meaning each owned an undivided half of the property.  Even if the estate proceeding has not concluded, they still inherited because they were alive when their Aunt passed.  And so your husband's brother's portion would now go to his heirs or pursuant to his Will.  Good luck.


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