Fredericksburg, VA asked in Estate Planning and Probate for Virginia

Q: my aunt died intestate with no spouse nor children. I have a half brother that lives in another state. Is he entitle?

We have the same father who is the brother of my aunt who died intestate. He grew up in a different state with his mother who was not married to my father. My father was married to my mother. He died before my aunt. The succession will be niece and nephew. He is a half nephew. What is his entitlement please?

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1 Lawyer Answer

A: I really need a real interview to capture the full family tree to determine whether either of you is an heir of the estate. But, if both you and your half-brother are related through the same father who has predeceased but was closest heir, you both have equal positions in title. Where he lived or his maternal parentage or his illegitimacy are irrelevant.

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