What to do if my mother died last year and appointed my 2 brothers and I executors of her estate but we have not yet settled it?

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What to do if my mother died last year and appointed my 2 brothers and I executors of her estate but we have not yet settled it?

It has been through probate but the inheritance is land. My brother just died. Are his kids entitled to his third of my mother’s estate?

Asked on April 21, 2013 under Estate Planning, New York

Answers:

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

Answered 8 years ago | Contributor

Since your brother just died, he did not predecease your mother. Accordingly, his heirs are entitled to his share of the estate. Had your brother been named in your mother's Will but died before her, things might be different.


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