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My mother passed away holding an 8th share of an estate left to my deceased brother and i share and share alike what does this mean?

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2005-11-17 07:06:42
2005-11-17 07:06:42

I hardly think the quote "share and share alike" is stated in a Will drawn up by a lawyer. Since your brother predeceased your mother and providing no one else is listed as Heir in the Estate and there is just you, then you would get the whole Estate (*only if you are in the Will.) If there are outsiders that are also involved in the Estate originally left to your deceased brother which was forwarded onto your mother, then you would get that 1/8th share. Usually the lawyer will read out the Will to those involved (if this hasn't happened then please contact your mother's lawyer) and he will explain what is in the Will. There could be other provisions in this Will and some of your mother's Estate could go to other siblings, relatives or even a church, etc. People are under the misunderstanding that when a parent is deceased they will automatically get the whole of the Estate, but, in some cases, the deceased can leave the entire Estate to a church, cancer fund, ASPCA, and so on. A Will is the explicit instructions of the deceased as their final say to what is being done with the properties and monies they leave behind. Many families are split apart because they don't care for the choice the deceased has made and often feel they were unfair about it all. Basically, the deceased still has the last word, and thus, that's why there are Wills drawn up. Marcy

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Related Questions


The estate of the deceased is responsible for the debt.


The estate of the deceased is responsible for the debts. Your mother will indirectly have to resolve the debts before the assets are released.


Unless you are the Executor of your mother's estate, why would you want to know this? Unless the deceased died with assets remaining in their estate, the debt is forgiven.


All power of attorneys cease at the death of the individual. She would petition the court to be the executor of the estate of the deceased.


The dead have no legal rights. However, the estate of a deceased person acquires many of the same rights as the person had while alive. The executor or administrator of the estate carries out the final collections and payments on behalf of the estate, and should attempt to enforce all rights of the deceased (including pension and other contracts payable to the deceased, privacy, personal choice in disposal of remains, disposal of the estate assets, payment of taxes, etc).


No, but if she left an estate they may or may not collect it from it. But not you


Not without a Letter of Authority appointing you as the executor of the estate or committing fraud.


Whomever applies for and is granted the Letters of Authority by the probate court.


If the brother was secondary or "contingent" beneficiary and listed as 100% then all the money will go to him, so he would have to help arrange it. If he is a partial beneficiary then he will still get his percentage, but the mothers percentage will go to her estate, or whoever inherited her estate. If this creates a problem, as his wife you might have a chance to go to court and replace the mother as the beneficiary, especially if there was a will stating that he wanted everything to go to you. But this just depends on the state laws usually. But most likely you will have to go through the brother as you have no legal rights to the money since you where not listed on the contract.



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White if your mother is deceased; Red if your mother is alive


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Your mother's estate is responsible. If you signed the paperwork on some items, you could be held responsible.



You haven't said whether your mother has died. If not, her will should be drafted by an attorney who specializes in probate law. A will that omits a child must be drafted properly: The child should be specifically mentioned so the court will not assume he was simply forgotten. If not that child or their children may have a claim against the estate depending on state laws. If your brother had no children, it is doubtful that his wife could prevail in a claim against your mother's estate.


When your mother died, the executor took her place. The executor may not act without approval of the probate court. Your forclosure action must be against your mother's estate, as she is deceased, there you must go to probate.


That is one of the purposes of the probate process. The debts are taken care of first of all. Then the executor will have the ability to have a new will drawn up and the estate distributed.


Father: Fugaku Uchiha (deceased) Mother: Mikoto Uchiha (deceased)



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