Q: We are joint owners in common. By heirs does that mean his children or wife or both his children are by his first wife t
He had a second wife at time of death
A:
I'm assuming we are continuing from the previous question you posted. Since you owned the property jointly in common then the property will go to his heirs. Since your brother died without a will he is said to have died intestate (without a will). Under Indiana's intestacy laws, everything the deceased person owns goes to their spouse first, unless the deceased person had children. In that case, it is a 50/50 split between the spouse and the children.
This means that simply put, the intestate heirs to your brother's interest in the property are his current spouse and children. That said, it is unlikely in reality that it would work out this way that the wife would have 25% interest in the property and the children would split 12.5% interest each. Money is a lot easier to split than property. You may be able to buy out the other owners' interests. You should consult with a probate attorney or real estate attorney who can help protect your interest or determine your options.
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