Chicago, IL asked in Estate Planning for Ohio

Q: How is an estate property divided.

My dad passed away, me and my 3 brothers were named as beneficiaries in item 1 of the will. Item 2 states that if we do not survive him the property goes to his grandsons. So here is the question, 2 of my brothers passed away and one of them has children. Are his children entitled to his portion or is it divided by the 2 living children of my father?

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1 Lawyer Answer

A: It depends on exactly how item 1 was worded. The 1/4 interest of each of the two deceased brothers might pass to be divided among each brother's children. Use the Find a Lawyer tab to retain a local probate attorney to review the will, answer questions, and assist with the probate process.

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