If my brother was in my mother’s Will but he died 17 years ago, does his part of the estate go to his heirs?

UPDATED: Nov 19, 2011

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If my brother was in my mother’s Will but he died 17 years ago, does his part of the estate go to his heirs?

The Will was probated over 3 years ago leaving me the executor of the Will. I’m trying to sell the house and the closing office has to talk to my dead brother’s 2 kids to make sure they will release the sale of the house to me and my other brother. My 2 nephew’s think they deserve a piece of the sale of the house. Most of the profit will be paying me and my brother back for all of the expenses we incurred for paying bills and funeral cost.

Asked on November 19, 2011 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. If your deceased brother was mentioned in yor mother's Will and she passed away after him, you need to read your mother's Will carefully to determine whether or not your deceased brother's heirs get his share or not.

If your mother's Will states that his heirs (your nephews) will receive his share, then they do. If not stated, then they do not. If you have a probate attorney assisting you, I suggest that you speak with him or her on the subject as well.


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