Q: Who gets brothers share?
My dad passed away in March 2021. We agreed my brother and sister would divided real estate property in half. I opted out because I was gifted 4 acres 17 years ago and consider that as an early inheritance. My brother was personal representative until becoming too ill, my sister then accepted the role. No property has been surveyed or transferred so the estate is still open. My brother has just passed and I am wondering if my sister and I can split the property because this is what my brother wanted. He did have a will signed days before he died but it does not mention the property because it wasn't in his name yet he didn't feel like it would be an issue for us. He has one biological adult son. We have been told our brother was adopted by our father at a young age but we haven't found any paperwork confirming this.
A: I am assuming that your father died without a Will, otherwise that would control. If there was no Will, then the estate is split three ways, one equal share for each of you, your sister, and your nephew, unless your brother was either (1) not the biological child of your father, or (2) was not legally adopted by your father (in which case, just you and your sister split the estate). If your nephew voluntarily agrees to disclaim his interest in the estate assets, then that would also remove him from receiving a share.
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