Hampton, VA asked in Real Estate Law and Probate for Virginia

Q: My mother's will list my brother & myself. As heir to her estate. My brother pass. What happens now? I'm left executive

Also power of attorney. Does his wife now get half? Or I'm I the sole heir

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3 Lawyer Answers
Shafeek Seddiq
Shafeek Seddiq
Answered
  • Estate Planning Lawyer
  • VIENNA, VA
  • Licensed in Virginia

A: Possibly, yes, his wife and children, if any, may receive the half, but it depends on what the will says, how it says it and when your brother passed away. I recommend you to take the will to a lawyer near you to review it and explain the next steps of Probate. So, it is not as simple as saying yes or no.

Richard Sternberg agrees with this answer

Richard Sternberg
Richard Sternberg
Answered
  • Probate Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: It's not that simple. You need to read what the Will says, determine whether the named beneficiaries are renouncing formally, and then apply the facts. Do yourself a favor and buy a consult from a local lawyer.

1 user found this answer helpful

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Probate Lawyer
  • Salem, VA
  • Licensed in Virginia

A: Three critical issues, two which the other lawyers mentioned.

First, what does your mother's will say? The language in it is critical.

Second, is the timing of their respective passing. if your mother passed first then your brother, then his wife and/or children could get his share.

Third, If your brother passed before your mother, AND left children, then his children probably get his share unless the will said something different.

Power of attorney is irrelevant - it died with your mother.

Handling an estate has a lot of issues and traps. Don't do anything without consulting a probate lawyer to look over the whole situation and advise you

1 user found this answer helpful

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