Generally, your brother's Last Will and Testament will control who inherits from his estate. If he has no will, Indiana law will give half to his spouse and the remaining half to be divided equally by his children. In either case, the wife can decide to disclaim her interest. Ultimately, it will depend upon what his will says, if there is one. There will likely be inheritance tax to pay, possibly estate taxes, but it is unlikely that any gift taxes will be owed.
Answered on Apr 24th, 2012 at 4:48 PM