Generally, the niece and nephew would be the heirs at law under the laws of intestacy. You can check your state laws at the related question link below.
An action like that must be handled by the estate. If the deceased has left a will and named an executor, the executor must handle the disposal of any property. If no will was left, the courts will determine what happens to the property.
When there is no will, Probate Court handles the disposition of the deceased's property. I would think a son has a legitimate claim to some of the property unless there are some unusual circumstances. Contact Probate Court and ask how the estate was handled, or is being handled. There should be a way for you to present your case.
Washington State is a community property state, in most instances a surviving spouse is responsible for the deceased spouse's debts depending upon the nature of the debt and how the deceased's estate is handled under state probate laws.
If they are not an account holder they are not responsible for the debt. All debts and assets and wills are handled in accordance with the state probate laws in which the deceased lived and/or owned property.
Obviously the quit claim would have been filed before the person's death. There-fore the deceased's property/estate would be handled pursuant to state probate laws. The property in question could be apportioned in accordance with the terms of the will, or if the person died intestate, under the applicable laws of the state of residency.
First. You must have inherited the property and your brother's estate must be probated in order for title to pass to you. Then, you can ask the attorney who handled the estate to draft a deed according to the rules in your state. Then you must record that deed in the land records.
It will be handled in accordance with the state's intestacy laws.
Contact the funeral dIrector that handled the preparation of the deceased - all licensed funeral homes will have the necessary paperwork to do this.
south carolina
If the person is not on the account they cannot access the account. All assets and property of deceased persons become a part of the estate as do all debts and are handled in accordance with state probate laws.
Maryland is not a community property state, therefore the surviving spouse is not responsible for repayment of debt that was solely incurred by the deceased. The debts will become a part of the deceased's estate and will be handled according to state probate laws.
All debts and assets of a deceased person are handled in accordance with the probate laws of the state where the deceased resided. Only the account holder is responsible for credit card debt, unless the person was married and lived in a community property state, in which case the surviving spouse is usually deemed responsible for such a debt. In some community property states such as Wisconsin the law varies as to the surviving spouse's responsibility.