Who receives my brothers share of our father’s home if my brother predeceased my father?

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Who receives my brothers share of our father’s home if my brother predeceased my father?

My father died in TX without a Will. No surviving spouse. My brother has died in CA with a wife and 2 adult children; he also had 2 children that he had given up for adoption. Our father’s home is now being sold. 2 of my siblings have given their share of the property to another sibling. There is now 4 of my father’s living children, 1 deceased and 2 with no interest. Who inherits my deceased brother’s share? How do we divide the money received on the sell of the house and whom is required to sign the papers?

Asked on June 11, 2011 under Estate Planning, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your losses.  I can see that there has been a slot to contend with.  From the way that you have written the question it appears that you are clear about who will inherit your Father's estate between the siblings but just not who will inherit your deceased brother's share, correct? Technically you should write the check to the estate of your deceased brother in California.  Did his wife start any proceeding? She should in order to receive the proceeds of the estate of your Father.  That would solve all of your issues and concerns.  You brother's children that he gave up for adoption have no rights to his estate.  Your brother's estate in California will be divided by the intestacy statute there.  His share will be divided between his wife and 2 oter children but you should not write the checks directly to them, only "The Estate of so and so."  Otherwise you could run in to problems as the fiduciary.  Good luck.


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