If my mother passed away and a month later my brother died, does that mean her property which goes to me?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mother passed away and a month later my brother died, does that mean her property which goes to me?

Who is the heir?

Asked on June 1, 2016 under Estate Planning, Missouri

Answers:

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

Answered 5 years ago | Contributor

If she died with a Will, then that will control who inherits your mother's property. If, and I'm assuming this to be the case, she died "intestate" (i.e. without a Will), then you have a claim. The intestacy laws of all states provide that the children of the deceased inherit along with the deceased's surviving spouse. If there is no spouse then the children take all. Since you have neices and nephews but dont mention a sibling, I assume that they are also deceased. In a situation such as this, your sibling's children will inherit their parent's 1/2 share and you will inherit the other 1/2. As for the real estate, as long as their was no co-owner with rights of survivorship, that property will become part of your mother's estate. However, if there was such a co-owner then at your mother's death, they became vested with 100% owership rights.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption