What to do if my father died leaving everything to be divided between his 5 children but my brother died without a Will before my father’s estate was closed?

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What to do if my father died leaving everything to be divided between his 5 children but my brother died without a Will before my father’s estate was closed?

Therefore he had not received his inheritance. My brother was estranged from his wife (Michigan). My father’s Will states that the beneficiaries are to be their children and their children’s children. I assume that means they meant to keep it in the bloodline, no spouses. His estranged spouse has yet to establish an estate for my brother. Can I (as executor) distribute the remaining money to the remaining siblings and close the estate?

Asked on June 30, 2013 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written with respect to your father's Will, your brother's share of the father's estate goes to your brother's children assuming he has any on a pro rata basis and not the wife. I suggest that you consult with a Wills and trust attorney as to distribution of estate assets and closing out the estate.


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