QUESTION
If a will was left to 3 brothers to equally share property and a home and 2 have deceased, does the remaining brother get all shares?
Asked on Sep 03rd, 2013 on Estate Planning - California
15 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on what the will says. You need to review the will and see if it provides for that contingency.
Answered on Sep 30th, 2013 at 1:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend in how the land was gifted our titled out of the will. You will need an attorney to review the documents.
Answered on Sep 11th, 2013 at 5:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did the brothers survive the decedent? If so, then their share probably goes to their heirs at law. If they had no children or spouses, or other siblings, then the surviving brother will get it. If they did leave heirs or wills, then their shares need to be distributed accordingly.
Answered on Sep 11th, 2013 at 5:30 PM
Thomas Edward Gates
It depends upon the language of the will and when the brothers died.
Answered on Sep 11th, 2013 at 5:30 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Depends upon what the will says re the disposal of the shares of the deceased brothers. Does the will have a residue clause specifying how the deceased brother's shares are distributed, or did the deceased brother leave children, to whom that share is to be distributed? You should obtain the assistance of a probate lawyer to interpret the will and file a petition to probate the will.
Answered on Sep 11th, 2013 at 5:30 PM
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Not necessarily, it depends upon how title is held and what the Will states. Has it already gone through probate? I urge you to speak with an attorney who can review the paperwork and title and advise you.
Answered on Sep 11th, 2013 at 5:30 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Maybe. Probate of the Will should have resulted in a personal representative's deed to the three brothers, if it was done with survivorship, then survivor owns all. If as tenants in common, then the estates of the deceased brothers own their parts.
Answered on Sep 11th, 2013 at 5:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Not enough information is given. Was the property actually probated and deeded out to the brothers? If so, then it depends on the language in the deed. If it was held as tenants in common, then each deceased brother's share would need to pass through probate under the terms of that brother's Will or under intestate law, if there is no Will. It is possible it could go to the surviving brother, but if the other brothers had heirs or devisees, then it might not. If the property was deeded out to the brothers as joint tenants with rights of survivorship, then it belongs to the surviving brother.
Answered on Sep 11th, 2013 at 5:30 PM
2 Awards
You will need to see an attorney to go over your family tree. It all depends upon when everyone died and if the brothers had any children.
Answered on Sep 11th, 2013 at 5:30 PM
It depends on how the original will was written. If the will provides shares to the descendants of the deceased brothers, then shares would go to the brother's children or into their estates. If the will did not provide for beneficiaries of the brothers the property would revert to the estate of the person making the original will to be distributed to the remaining heir(s).
Answered on Sep 11th, 2013 at 5:30 PM
The Will will need to be examined to determine it's provisions in case one of the beneficiary is deceased. Take the Will to an attorney specializing in estate matters for assistance.
Answered on Sep 11th, 2013 at 5:30 PM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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The answer to this question depends on the wording of the will itself. It may provide that the three brothers inherit the property "per stripes", which would mean that if a brother was deceased then that brother's heirs/decedents would inherit. On the contrary, if the will states that they inherit "per capital", then it would mean that the surviving brothers would inherit equally. The will may not use these terms but may simply state what happens if one of the brothers predeceases the testator. I hope this helps.
Answered on Sep 11th, 2013 at 5:30 PM
Sanford M. Martin
Who gets the property depends on the language of the will. If it states "to John, Bob, and Frank," with no alternative if the beneficiary does not survive, then the property goes to whomever survives.
Answered on Sep 11th, 2013 at 5:30 PM
That depends upon the wording of the estate planning document [will or trust]. Such documents can provide that a predeceased heir's share goes to the surviving heir or to the predeceased heir's next of kin.
Answered on Sep 11th, 2013 at 5:29 PM
2 Awards
I would have to read the will before I can answer. In most cases, the deceased brothers' heirs would collect the deceased brothers' shares.
Answered on Sep 11th, 2013 at 5:29 PM