Q: I am a devise in a piece of real estae in Indiana. The value of the property is $90,000. The property was owned by two
Sister (my aunts) and one brother (my uncle) as tennants in common and each owned one third of the property.. All three are now deceased. My uncle's share passed by his will to his 5 children (they will divide $30,000 between the five children. One sister (my aunt) left her one third interest to her church. The final third belonging to the last sister (my aunt) was left by intestate succession. She was never married and had no children. She had 4 brothers who were all deceased at the time of her death. Each of her deceased brothers (one of whom is my dad) each have living children. So each deceased brother's children will share in a 1/4 of 1/3 interest in the property. My question concerns the 1/4 of 1/3 interest that represents my dad's interest (again he is deceased) so his children (four of us) will share the $7,500 interest or $1,875 each. If one of my father's children disclaims their interest -- who would share in their disclaimed interest of $1,875
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A: I beleive that your sibs do as she is disclaiming your father's share only. Also, thank you for providing a clear picture of a complicated fact pattern.
A: attorney burt padove's answer is correct. it is a very interesting question that you pose. in discussing this with my partner steve sersic at rubino ruman we believe that the disclaimed share will revert back to the estate of the aunt.
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