Cambridge, MA asked in Probate for Massachusetts

Q: My brother died in 1979 without a will and left $3000.00 dollars insurance money on unclaimed property . i

My question is there 3 siblings left and 2 are dead . Should the children of the dead brothers receive a share of the estate?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Probate Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: If your brother was unmarried and had no children and if your parents were both deceased at the time of his death, his siblings would be his intestate heirs. If any of his siblings died after he died then the individual sibling's estate would take his or her share. If any of the siblings died before the brother then their children would have "STEPPED UP" into the deceased parent's shoes to take his or her share .

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