What is an estranged child entitled to inherit from their late father?

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What is an estranged child entitled to inherit from their late father?

My brother died without a Will. His only child, a son, was estranged from him. He has stolen many times from my brother and other family members. My brother said to many people that he did not want his son to get anything and was going to put it in his Will. How do we fight his son getting the whole estate? We, my siblings and I, are willing to give him half of the estate.

Asked on August 30, 2019 under Estate Planning, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that when someone dies without a Wiil, they die "intestate". Accordingly, the intestacy laws of the state in which they were domiciled at the time of their death controls. As an only child, your nephew is the sole legal heir to your late brother's estate. This is true no matter what he may have said to others. This is why people should have a Will or Trust, to make sure that their assets are distributed as they wish and not how the law dictates.


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