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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.
Is there a will in place or did aunt pass without one?
Is the nephew the son of the aunt?
If she passed with no will then default intestate law controls.
Did Aunt have any children or was she married when she passed? Are aunt's parents deceased?
How many siblings do you have, alive and deceased?
Ok, I still need to know how many brother and sisters you have, living or deceased because their estates would stand to inherit and in turn their heirs..
Ok one other question... There was father and aunt... any other aunts or uncles? and did they have children?
Ok, then the way this works is father's estate will inherit aunt's estate and then you and brother's estate will inherit from father's estate. And if your brother had no other children, then the nephew will inherit from brother's estate.
Boiling it down, you and nephew would divide the estate evenly. But you can charge the estate executor fees for your service off the top.
You are very welcome. Sorry the news isn't better.. But you can charge 5% of the estate as your executor fee..
That comes off the top as expenses... but you get to pay yourself 5% before you divide up the rest..
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