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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55467
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My brother died didn't have a will More close to my daddy Mom

Customer Question

My brother died didn't have a will
More close to my daddy
Mom gave him up to her parent when he was born then move to New York
My brother live not too far from my dad
We need help how to proceed
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
Can you provide me a bit more information? Did your brother have a surviving spouse or have any children? Thank you!
Customer: replied 2 years ago.
No spouse no kids he stayed by himself an worked withy mom an sister
Customer: replied 2 years ago.
He has a truck which is paid for about 10 acres of land and a house an a saving account
Expert:  Richard replied 2 years ago.
Thanks for your response. When there is no will, the intestacy succession laws for the state in which he resided (or if there is real property, in that state if it's a different state with regard to that real property) with regard to your brother's probate assets. It's important to realize that certain assets pass automatically and thus are not governed by the intestate succession laws. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. With regard to any other assets, the Georgia (and I'm presuming Georgia because you posted the applicable state as Georgia), the intestate succession laws provide that if here is no surviving spouse and no children, then the parents inherit equally and if only one parent is alive, that parent inherits 100%.
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