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I am confused brother died

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Aeon

Junior Member
What is the name of your state? Oregon/Minnesota

My oldest brother died intestate last year and I now find out his estate has been awarded a check from Workmans comp. His girlfriend does not want to be the executrix and his adult children either don't know what to do or don't want to deal with it.
My younger brother called me and said as he died intestate the check and any remaining assets would be distrubuted amongst his children and his remaining siblings. I disagree and they have asked me as the oldest remaining sibling to try and figure this out. I don't know where to start yet. I will be calling his eldest child soon ( one of the ones who doesnt want to be the executrix) to see if I can deal with the Workmans Comp lawyer or not. My brothers seem to think it should be divided evenly amongst the children and siblings but I don't know. My brother died in Minnesota and all of his siblings live in Oregon. Can anyone tell me where to start? Are the siblings even entitled to any compensation.

A bit more information has come to light. The Workmans Comp lawyer told my brother that the check is to be distributed amongst his children and siblings and we have to choose among us who is to be the administrator. Sorry if this confuses anyone I'm right there with you.
 
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anteater

Senior Member
I don't know where these folks are getting their information (and I certianly would not rely upon a workman's comp attorney for probate advice. In the absence of a surviving spouse, Minnesota's intestate succession statutes place the deceased's children first in line to inherit. Even parents come before siblings.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

Decedent's descendants, per stirpes.
Decedent's parent or parents equally.
Decedent's parents' descendants, per stirpes. ......
 

Aeon

Junior Member
Thank you that is exactly what I thought I think it should go to his estate and be divided among his children. I will talk to his eldest and inform her they have to either get a lawyer or contact someone who knows how to handle this there. I dont want his money its his kids to have I have a feeling a greedy brother is behind this and I will nip that in the bud NOW . Thank you for helping me on this Aeon
 

Dandy Don

Senior Member
IF any one of his children is reasonably business-savvy and has common sense, that person can be the administrator. Really is no need to hire an attorney to do it unless the administrator doesn't have time to take off of their job--if an attorney is needed the attorney can be consulted for consultation purposes only (to ask questions) and can be hired on an hourly basis.
 

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