No, you would take your share of his estate, which already includes hers.
You can certainly request that it be your share of the estate. There is no specific right to the property.
If a property is transferred to you or you are the sole owner of this property, your brother cannot seek help from the court for a share in property, until and unless there is a document supporting his claim.
If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.If all her children are still living you have no rights in her property unless she left a share to you in her Will.
If the partners were married the spouse is entitled to a share of the property by law. You can check the laws of intestacy in your state at the related question below. Children or other relatives of the deceased may also be entitled to a share.
If your sibling died before your mothers death and has been named as a beneficiary in your mothers will then your dead siblings family may have a claim to her or his legacy but it depends on the wording used when the will was drawn up and so really the will would need to be taken to a probate lawyer to be defined and eplained before you or any of the other siblings take your share of the estate.
It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.
No. When two people own property as joint tenants with the right of survivorship and one dies, the interest of the decedent passes automatically to the surviving joint tenant. When the surviving joint tenant dies the property passes according to their will or according to the laws of intestacy if they die intestate.
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The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.The surviving spouse should consult with an attorney who specializes in probate law and commence a probating of the estate. The sooner the estate is probated the sooner she can claim her share. The decedent's debts must be paid before any property can be distributed to heirs.
Generally, under the laws of intestacy your deceased brother's children will inherit his share in the estate. You are entitled to 50% and they are entitled to share his 50%. Laws may vary so you need to review the law of intestacy in your particular jurisdiction.
In Colorado, a surviving spouse is entitled to an "elective share" of the deceased spouse's estate, which is typically one-third of the estate. If the deceased spouse's will does not provide for the surviving spouse, they can choose to receive the elective share instead. Colorado also has laws that protect a surviving spouse's rights to the marital home and certain personal property.
Generally the deceased share of the property will automatically pass to the surviving owners. The status of the property would however, depend upon the wording of the property deed.