Do a deceased’s siblings children get ashare of the estate?
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Do a deceased’s siblings children get ashare of the estate?
My brother died with no Will. He had no children, no spouse; no parents alive. The only survivors are 3 sisters. He had another sister who passed before him. Do her children get to claim her share?
Asked on October 17, 2010 under Estate Planning, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
When someone dies without a Will they are said to have died "intestate". Accordingly, the intesctacy law of the state in which they were domiciled in at the time of their death will control. Assuming that's IN, if there is no surviving spouse or children, then to the surviving parents, if any, and to the brothers and sisters, and the issue of deceased brothers and sisters of the intestate.
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