my aunt passed away and left her inheirtance half to her neices and nephews and half of the estate to her brother who has also just died does here share go back into the main estate sent her estate has not been settled yet
2007-08-12 11:35:12 · 5 answers · asked by l3115r 1 in Politics & Government ➔ Law & Ethics
If it does, your share could double so I understand your interest. Begin by reading the will yourself and asking the executor.
2007-08-12 11:55:34 · answer #1 · answered by Kraftee 7 · 0⤊ 0⤋
It depends on whether the bequest to the brother is vested at the time of the aunt's death. Depending on the wording of the will, if the brother was alive at the time of the aunt's death, there is a chance that his share will be distributed to his estate. If the aunt's will is written to provide that it is a condition precedent that the brother be alive at the time of distribution, that share would revert to her estate.
In states that have anti-lapse statutes, the share of the deceased beneficiary would go to the beneficiary's issue.
2007-08-12 19:02:11 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
Depends. Did he die before or after the aunt died? If he died after then his share goes to his estate. If he died before then his share may be returned to the aunt's estate. Did her will address secondary heirs? It does not matter if her estate was settled before or after his death.
2007-08-12 18:44:29 · answer #3 · answered by lestermount 7 · 0⤊ 0⤋
The share that goes to her brother belongs to his estate.
2007-08-12 18:43:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It goes to her brothers estate.
2007-08-12 18:59:39 · answer #5 · answered by justanotherone 5 · 0⤊ 0⤋