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Five of us inherited an estate each holding equal amount of…

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Five of us inherited...

Five of us inherited an estate each holding equal amount of interest. My brother recently passed away and in his will he has left his interest to his surviving wife and children. But my understanding of my mothers will his interest reverts back to the surviving members to be divided equally. What ramifications could result with this is my question.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Hawaii

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a copy of my mother’s will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’m uncertain. We as the surviving members never wish to sell nor divide the said property. And no one member can use the property as collateral for a loan etc.

Submitted: 7 months ago.Category: Estate Law
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Answered in 5 minutes by:
1/15/2018
Estate Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 39,280
Experience: 30 years experience in the practice of estate law.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Estate Lawyer: Loren, Attorney replied 7 months ago

My condolences for your loss.

Did your late brother own his interest outright, or was the interest held in trust or some other form of collective ownership?

Was this restraint on transfer in the deed?

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