Q: Have a question about probate
My parents died without a will they had a house in their name children was just me and my brother he just passed. We started probate but didn't get to complete it and put house in mine and my brothers name yet. He is survived by a wife he hasn't been with for 15 years and 2 children? He had no will and neither did my parents. Who gets his share. the estate probate we started is From my parents property. If it's still in my parents name then I get half the house and his wife and 2 kids split the other half?
A: Since he survived your parents, his share will most likely go to his estate. It should not affect your parents' probate as you will distribute to his estate rather than him. However, someone will need to open probate for his estate to be able to receive the inheritance from your parents' probate.
James Edward Berge agrees with this answer
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A: Changes are your brother's half interest will go to his wife and two children in equal shares, i.e. one-third each of his share, or one-sixth each of the whole. That is how separate property (inherited property is separate property) passes by intestate succession (which is what applies when there is no will).
James Edward Berge agrees with this answer
1 user found this answer helpful
A: His share would likely go 1/3 to his wife and 2/3 to his kids. If his assets are under $166,250 then a probate for him might be avoided. If over then his probate is needed too.
James Edward Berge agrees with this answer
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