If my mother recently passed away, who gets her condo?

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If my mother recently passed away, who gets her condo?

It was in her and my older brother’s name. My brother also passed away. I have one living brother and my brother that passed away has a living wife.

Asked on September 29, 2015 under Estate Planning, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your mother and brother.
If your mother left a Will, the provisions of the Will are controlling regarding inheritance of the condo.
If your mother died intestate without a Will, the rules of intestate succession determine inheritance of the condo.
Under intestate succession, if your mother had a surviving spouse, he inherits her entire estate which includes the condo.
If there wasn't any surviving spouse, each child would inherit a 1/3 interest in the condo.  You would receive 1/3, your surviving brother would receive 1/3 and the final 1/3 would be divided among the surviving children of your deceased brother.  For example, if your deceased brother had two children, each child would receive 1/6 because 1/6 + 1/6 = 2/6=1/3.  Your deceased brother's wife does not inherit anything from your mother.
If your deceased brother does not have any surviving children, then you and your surviving brother each receive a 1/2 interest in the condo.


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