If my oldest brother dies before our mother, upon her death does his portion of the inheritance go to his kids or to my brother and me?
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If my oldest brother dies before our mother, upon her death does his portion of the inheritance go to his kids or to my brother and me?
Asked on May 12, 2013 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You hail from the state of Texas, correct? I am making an assumption here that your Mother is dying intestate because a Will would state what is to happen. So if your brother predeceases your Mother it is my understanding that under intestacy your brother's children would receive his share of your Mother's estate that would have gone to him would he have survived her. Double check with an attorney in your state. Good luck.
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