Q: My husband's brother passed away 5 years ago in CT, without a will.
My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of settling a quite sizable amount. My husband has recently passed away. Will I or our daughter be able to inherit his portion of the settled case? Any incite would be greatly appreciated. Thank you.
A: First, my heart goes out to you in this difficult time.
Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate) is entitled to his intestate share. Your husband's share of the estate is part of his estate which will now pass either by his will or by intestate succession.
Hope this helps.
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