would my fathers estate be devided up 1/3 now instead of 1/4
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would my fathers estate be devided up 1/3 now instead of 1/4
my father died in November and before my fathers estate was settled my othest brother died , there was 4 of us and now its 3 so would we get 1/3 or 1/4 of his estate
Asked on June 6, 2009 under Estate Planning, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Since your brother outlived your father your brother, or in this case his estate, is entitled to his 1/4 share. Whether or not he passed before final settlement of the estate does not matter.
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