If my mother died after my brother died does his children have any rights to my my moms estate she left no will we live in the state of california
Asked on 4/23/12, 11:42 am
2 Answers from Attorneys
Yes, if she lived in California when she died. Since she did not have a will or a trust, then her estate passes by intestate succession which means that your brother's children would share his portion of the estate.
Answered on 4/23/12, 11:47 am
Rosemary Meagher-Leonard
Law Office of Rosemary Meagher-Leonard
For this answer, I am presuming that you and your deceased brother are your mother's only children and that her spouse predeceaed her. In that case, you would be entitled to 1/2 of your mother's estate, while your brother's surviving children would each be entitled to equal shares from his 1/2 of the estate.
Answered on 4/23/12, 12:15 pm
