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I am the exetress of my mother's estate. It left everything to myself and my 2 siblings. My brother passed away before everything was settled. What happens to the remainder of his portion. He left no will !!
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Assuming your brother outlasted any surviving clause in mom's will or trust then his share would go to his estate. If he has a will it would be distributed by that and otherwise by the laws of intestacy. However, in either case you really shouldn't make the distributions direct. Unless it's less than $150,000 then you possibly can by use of small estate affidavits. I would definitely talk to your probate attorney about this to make sure it gets done right. Good luck. -John
Answered on Feb 25th, 2014 at 2:51 PM