Reading about intestate rules in my state. If there is no spouse or children or living parents, then the distribution is: "If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. "
I'm having a little trouble with the above understanding what "unequal degree" would mean for "issue of the parent or parents who survive the intestate".
EXAMPLE: Assume the deceased was "John". When John died, his siblings (#1, #2, #3) were alive and sibling (#4) had predeceased John. Sibling #4 had children A and B. To whom does John's estate go and in what proportions? I read it as: #1, #2, and #3 each get 1/3 of the estate. Neither sibling #4 nor his children A or B get anything as the inheritance goes to only the "issue of the parent or parents who survive the intestate". Sibling #4 did not survive the intestate.
Moving on, if sibling #2 died after John but before the inheritance was distributed then is this where we get into the "unequal degree" and "by representation" aspects? Sibling #2 leaves a spouse and two children (C and D). So does #2's portion of John's estate go to #2's estate to be distributed in accordance with his/her will (or the intestate rules as they apply to #2) or would #2's portion of John's estate go to children C and D (each getting 1/2 of the 1/3) ignoring #2's living spouse?
I'm having a little trouble with the above understanding what "unequal degree" would mean for "issue of the parent or parents who survive the intestate".
EXAMPLE: Assume the deceased was "John". When John died, his siblings (#1, #2, #3) were alive and sibling (#4) had predeceased John. Sibling #4 had children A and B. To whom does John's estate go and in what proportions? I read it as: #1, #2, and #3 each get 1/3 of the estate. Neither sibling #4 nor his children A or B get anything as the inheritance goes to only the "issue of the parent or parents who survive the intestate". Sibling #4 did not survive the intestate.
Moving on, if sibling #2 died after John but before the inheritance was distributed then is this where we get into the "unequal degree" and "by representation" aspects? Sibling #2 leaves a spouse and two children (C and D). So does #2's portion of John's estate go to #2's estate to be distributed in accordance with his/her will (or the intestate rules as they apply to #2) or would #2's portion of John's estate go to children C and D (each getting 1/2 of the 1/3) ignoring #2's living spouse?