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Related Estate Law Questions
We are in Ohio and my mom wanted her estate to go to her remaining children as one brother
We are in Ohio and my mom wanted her estate to go to her remaining children as one brother is deceased. She has it in her will that the estate goes to the living children but did not name his children… read more
RayAnswers
RayAnswers
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I'm trying to find out if myself and siblings have any
Hi there, I'm trying to find out if myself and siblings have any rights to my grandfathers estate. My mom passed away 2 weeks before my grandfather. I thought that we should get her portion of the est… read more
Roger
Roger
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Doctoral Degree
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My uncle died in Flint Michigan in Genesee County almost 2
My uncle died in Flint Michigan in Genesee County almost 2 years ago. He died without a will, spouse or children. He had originally 5 brothers and sisters. Three of his siblings were dead at the time … read more
Dwayne B.
Dwayne B.
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Example: parent passes away, spouse predeceased. child 1 is
Example: parent passes away, spouse predeceased. child 1 is apponted personal rep of The Will. Residuary Esate to be divided equally between Childs 1, 2 & 3 per stirpes not per capita. Does this mean … read more
Thomas Swartz
Thomas Swartz
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My cousin has died leaving no will and no offspring. His parents
My cousin has died leaving no will and no offspring. His parents are dead and his grandparents are dead. He has cousins on both his fathers side and on his mothers side. All parents of the cousins are… read more
Richard
Richard
Owner
Doctoral Degree
55,700 satisfied customers
Cousin died intestate. No parents, spouse, children, aunts
Cousin died intestate. No parents, spouse, children, aunts or uncles. First/second cousins inherit. From what I can find WI uses 'per stirpes' law rather than 'per capita'. Is there any way to get an … read more
lwpat
lwpat
Doctoral Degree
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what is the difference between per capita distribution and
what is the difference between per capita distribution and per stirpes distribution in regard to NYS EPTL 4-1.1(a) (7)… read more
Law Pro
Law Pro
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My wifes cousin died in Colorado in 2008 she left no will.
My wifes cousin died in Colorado in 2008 she left no will. Her husband is dead her parents are dead she has no siblings. She had one uncle and three aunts one aunt is living. The surviving aunt I'd go… read more
Loren
Loren
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Estate of deceased person is being distributed. She has no
Estate of deceased person is being distributed. She has no spouse, children, or parents. She does have have two deceased siblings; one has two children and one has six children, all living. How are th… read more
Isaac, Esq.
Isaac, Esq.
Attorney at Law
Doctoral Degree
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So the term per stirpes does not mean that his 1/3 of the
So the term "per stirpes" does not mean that his 1/3 of the share of the house automatically passes to the siblings -- due to the fact he had a will.… read more
Law Pro
Law Pro
Doctoral Degree
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Ok I was trying to interpret section 43 of the Texas Probate
Ok I was trying to interpret section 43 of the Texas Probate code and this is my question: Decedent died intestate Persons Predeceasing Decedent is the Spouse and all 3 children (C1, C2, and C3), one … read more
N Cal Atty
N Cal Atty
JD
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We currently have a Living Revocable Trust (an A,B Family Trust)
We currently have a Living Revocable Trust (an A,B Family Trust) leaving the Trust property to each other. When the second to die dies, the trust property will be distributed to our "issue who survive… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My 96 year old mother lives in Jackson, TN. My father is dead
My 96 year old mother lives in Jackson, TN. My father is dead and she has never remarried. When she had her present will prepared, my sister and I were her only living children. Her will specifies tha… read more
Law Pro
Law Pro
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A has four sons B C D and E. A establishes a trust circa 1930s.
A has four sons: B C D and E. A establishes a trust circa 1930s. One provision: if a son dies without heirs the remainder goes to the SURVIVING sons. E is the last surving son but he has no heirs. B, … read more
Law Pro
Law Pro
Doctoral Degree
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An Uncle died. No Heirs, no will. His home went into
An Uncle died. No Heirs, no will. His home went into foreclosure. The City posted the property in the newspaper. A nephew saw the ad, contacted an attorney. The nephew paid back taxes and found a buye… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
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In a Delaware revocable trust and regarding Per Stirpes, if
In a Delaware revocable trust and regarding Per Stirpes, if heir D died before A & B died and then A & B died, leaving heirs C,E, & F as heirs to A & B, would the spouse of D inherit fiducially from A… read more
Marcus Parker
Marcus Parker
Doctoral Degree
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Who inherits an estate when a sister dies and has one ...
Who inherits an estate when a sister dies and has one living brother, no children but also had a sister that preceded her in death that had children who are living?… read more
N Cal Atty
N Cal Atty
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Per stirpes and per capita distribution of money in a will
Expert: In California what makes the choice between stirpes and per capita distribution of money not specifically designated in a will and neither distribution form is stated where nephews and nieces … read more
JoeLawyer
JoeLawyer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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