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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54554
Experience:  29 years of experience practicing law, including tax and estate planning.
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My brother died without a will. My mother had written a will

Customer Question

My brother died without a will. My mother had written a will where it stated "share and share alike" if my brother does not have a will, does that mean what was "share and share alike" is no longer existent?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Richard replied 10 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Can you provide me a bit more information. In what state did your brother live at the time of his death? Is your mom still alive? Did your brother have any children or grandchildren? In what state did/does your mother live? Thanks.
Customer: replied 10 months ago.
My mother passed before my brother did. He lived in Alasks.
Customer: replied 10 months ago.
He has two adult children.
Customer: replied 10 months ago.
My mother lived in alaska and my brother also all their lives.
Expert:  Richard replied 10 months ago.
Thanks for following up. Your brother's share of your mom's estate would have vested when she died even if it had not been distributed at the time of his death. So, whatever interest your brother inherited from your mom's estate would pass under your brother's estate. Since he left no will, then the Alaska intestate succession laws would apply to his probate estate. If your brother had no surviving spouse, then his probate estate, including what he inherits from your mom, passes to his two adult children. If your brother has a surviving spouse, then his probate estate passes as follows: "Sec. 13.12.102. Share of spouse.(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is (1) the entire intestate estate if(A) no descendant or parent of the decedent survives the decedent; or(B) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;(3) the first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;(4) the first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.(b) The intestate share of the surviving spouse in settlement common stock or other inalienable stock in a corporation organized under the laws of the state under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is(1) all of it if there is no surviving issue; or(2) one-half of it if the decedent is survived by issue.Sec. 13.12.103. Share of heirs other than surviving spouse.A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:(1) to the decedent's descendants by representation;" Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!