Q: My brother was killed by his wife, last year my father passed without a will. My stepmother is the executor, what happen
To the share owed to my brother. It was a 50/50 split between us and my stepmother
A: Your stepmother is entitled to the first $40,000 and then 50% of the remaining balance of your father’s estate if she and your father were still married when he died. The other 50% would go to you alone if you are the only living child of your father AND your deceased brother has no living children. If your deceased brother has children, then the other 50% is split half to you and the other half to your brother’s children (shared equally among them if more than one child).
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