Crescent City, CA asked in Probate for California

Q: 1 SIBLING DIES WHILE INHERITANCE IS BEING DISTRIBUTED. WHERE DOES HIS PORTION GO? TO THE ONLY OTHER SIBLING? OR HIS KIDS

My father passed away and had settlement money coming in. He wrote a will stating that he left everything to me, including any monies from suits. My brother passed away while there is still money coming in. We were splitting the money 50/50 between us. Where does his portion go now? To me or do I divide it with his children? Do his children have to wait until I die to become next in line? This is in California. I am the only one named on the will.

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2 Lawyer Answers
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Since your father left everything to you through his Will, everything goes to you. It's up to you to decide whether or not to share it with your brother's children. If you haven't already done so, you should consider doing a Will for yourself.

Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Your brother's children are the heirs to his estate. There may have to be a probate case for your brother's share of your father's estate. You may need two probate cases, depending on the total value of each estate.

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