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The next of kin of the last surviving spouse would inherit under the laws of intestacy of the state where they lived. If the brother is not the only next of kin then someone needs to contact an attorney and initiate a probate proceeding. An estate must be probated in order for title to real property to pass to the heirs. You can check the laws of intestacy for your state at the link below.

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Q: How do you stop a family member from stealing an estate of husband and wife who died 120 days apart his brother taking everything rather than following wishes but there is no will?
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