What to do if my brother and I inherited a house from our deceased mother and now he has died?

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What to do if my brother and I inherited a house from our deceased mother and now he has died?

My brother lived in it for 7 years and I and was awarded default judgment in a partition action. Prior to the sale of the house my brother died. Upon sale of the house, who is entitled to my brother’s share of the proceeds since inheritance is not subject to community property?

Asked on March 15, 2013 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

If your brother had a Will then its terms will control the distribution of his estate. If he dies "intestate" (i.e. without a Will), then the laws of the state of which he was a resident at the time of his death will control. These "succession" laws typically provide that an intestate's estate is divided 1/2-1/3 to their children and the remainder to their surviving spouse, if any. If there is no spouse or children then their estate is distributed to thier parents and if there parents did not survive them, then to their siblings, and if none, then down the line to the next of kin.


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