Tempe, AZ asked in Probate for Arizona

Q: There are 4 surviving siblings of a deceased brother. One brother preceeded him in death.

Are the children of a deceased sibling entitled to the proceeds of an estate?

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Probate Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Possibly. This would depend upon how the estate planning documents were drafted. The children might take if the estate planning documents show an intent that the share of a deceased person would pass to his or her survivors. If there are no estate planning documents, then Arizona law controls. In this event, the children of the deceased person might divide the share of the deceased person. I strongly recommend that you consult with an attorney concerning this matter. When your attorney knows all of the facts and has reviewed any applicable estate planning documents, he or she will be able to give you an answer to your questions.

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