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PKB2121

Guest
MY FATHER PASSED AWAY 25+ YEARS AGO, WITHOUT A WILL. WE WERE TOLD THAT THE FAMILY HOMESTEAD WAS DIVIDED 50% TO MY MOTHER AND 50% TO HIS SURVIVING 5 CHILDREN.
ABOUT 12 YEARS AGO, ONE OF MY SISTERS PASSED AWAY, LEAVING 2 CHILDREN. AT THIS POINT WE UNDERSTOOD THAT THEY WERE INTITLED TO HER INTEREST IN THE HOUSE. ABOUT 3 YEARS AGO, MY MOTHER PASSED AWAY, ONE OF MY SISTERS (WHO WAS HANDICAPPED) LIVED IN THE HOUSE UNTIL SHE PASSED AWAY ABOUT A YEAR AND A HALF AGO. SHE HAD NO CHILDREN, THIS LEFT HER PORTION TO THE SURVIVING SISTERS. THERE ARE THREE OF US NOW, THE HOUSE IS EMPTY AND WE NEED TO SELL IT. MY QUESTION IS, IS MY TWO NEPHEWS ENTILTED TO MY DECEASED SISTERS PORTION OF THE HOUSE AT HER DEATH, WHICH WAS ONE TENTH, OR ARE THEY ENTITLED TO MY MOTHERS AND SECOND SISTER WHO DIED PARTS ALSO.
 


ALawyer

Senior Member
It depends on how title to the property was held and the state you are in. If it was tenants in common, then Mom owned 50% and the 5 kids each owned 10% - absent a Will each kid's share goes to each of that kid's heirs. Then when Mom died Mom's 50% would go to the kids that survived, and their heirs -- but here, depending on the state, the heirs of each of the deceased kids may get 10% to share (e.g. if X had 2 kids 2 kids, each gets 5%,) or a pooled share (e.g. if 1 deceased kid had 2 kids and 1 had 1 kid, the 3 grandkids each get 6.66%) and the shares of any kid who died without children is shared among other siblings and their heirs.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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