If a will was left to 3 brothers to equally share property and a home and 2 have deceased, does the remaining brother get all shares? 25 Answers as of September 30, 2013

The last brother resides at the home.

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Law Office of Thomas C. Phipps | Thomas C Phipps
It depends on what the will says. You need to review the will and see if it provides for that contingency.
Answer Applies to: Missouri
Replied: 9/30/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Yes but only if the two deceased brothers had no children. Then each child of each brother would equally receive the deceased brother's share.
Answer Applies to: Florida
Replied: 9/11/2013
Law Offices of Frances Headley | Frances Headley
That depends upon the wording of the estate planning document [will or trust]. Such documents can provide that a predeceased heir's share goes to the surviving heir or to the predeceased heir's next of kin.
Answer Applies to: California
Replied: 9/11/2013
Stephens Gourley & Bywater | David A. Stephens
That depends on what the will said that granted the property to the brothers and how they held title. Sometimes it may pass to the deceased brothers descendants.
Answer Applies to: Nevada
Replied: 9/11/2013
The Law Office of David L. Leon
The Law Office of David L. Leon | David L. Leon
I would have to read the will before I can answer. In most cases, the deceased brothers' heirs would collect the deceased brothers' shares.
Answer Applies to: Texas
Replied: 9/11/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    It would be best to actually see the wording of the Will before stating any opinion. The Will could make some provision for how the property is distributed in case one or more of the brothers (devises) predecease the decedent.
    Answer Applies to: Minnesota
    Replied: 9/11/2013
    Arthur H. Geffen, P.C.
    Arthur H. Geffen, P.C. | Arthur Geffen
    It depends if the other two and children and what state you are in.
    Answer Applies to: Texas
    Replied: 9/11/2013
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    The answer to this question depends on the wording of the will itself. It may provide that the three brothers inherit the property "per stripes", which would mean that if a brother was deceased then that brother's heirs/decedents would inherit. On the contrary, if the will states that they inherit "per capital", then it would mean that the surviving brothers would inherit equally. The will may not use these terms but may simply state what happens if one of the brothers predeceases the testator. I hope this helps.
    Answer Applies to: Ohio
    Replied: 9/11/2013
    The Krone Law Firm, LLC | Norman B. Krone
    When did the two brothers die? Before or after the bequest of the property? Who willed the property to the brothers? More information is needed to properly answer your question. Please seek help from a local attorney.
    Answer Applies to: Florida
    Replied: 9/11/2013
    Frederick & Frederick PLC | James P Frederick
    Not enough information is given. Was the property actually probated and deeded out to the brothers? If so, then it depends on the language in the deed. If it was held as tenants in common, then each deceased brother's share would need to pass through probate under the terms of that brother's Will or under intestate law, if there is no Will. It is possible it could go to the surviving brother, but if the other brothers had heirs or devisees, then it might not. If the property was deeded out to the brothers as joint tenants with rights of survivorship, then it belongs to the surviving brother.
    Answer Applies to: Michigan
    Replied: 9/11/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, it depends on the language used (or not used) in the will. Did the bequest(s) mention "if the brother(s) survives me"? If not, then a deceased brother's interest may pass through his will/estate.
    Answer Applies to: Maryland
    Replied: 9/11/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The will soon specify whether the deceased brothers' share go to their heirs or to the remaining beneficiary. The will should also state who is to receive any residual assets. Contact a probate attorney to discuss the terms of the will.
    Answer Applies to: California
    Replied: 9/11/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    If the two deceased brothers left no heirs of their own, yes the remaining son would inherit everything (provided there is no surviving spouse as well).
    Answer Applies to: New Jersey
    Replied: 9/11/2013
    Estrada Law P.C. | Michele Ungvarsky
    It depends on how the original will was written. If the will provides shares to the descendants of the deceased brothers, then shares would go to the brother's children or into their estates. If the will did not provide for beneficiaries of the brothers the property would revert to the estate of the person making the original will to be distributed to the remaining heir(s).
    Answer Applies to: New Mexico
    Replied: 9/11/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Maybe. Probate of the Will should have resulted in a personal representative's deed to the three brothers, if it was done with survivorship, then survivor owns all. If as tenants in common, then the estates of the deceased brothers own their parts.
    Answer Applies to: Oregon
    Replied: 9/11/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Depends upon what the will says re the disposal of the shares of the deceased brothers. Does the will have a residue clause specifying how the deceased brother's shares are distributed, or did the deceased brother leave children, to whom that share is to be distributed? You should obtain the assistance of a probate lawyer to interpret the will and file a petition to probate the will.
    Answer Applies to: California
    Replied: 9/11/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Did the brothers survive the decedent? If so, then their share probably goes to their heirs at law. If they had no children or spouses, or other siblings, then the surviving brother will get it. If they did leave heirs or wills, then their shares need to be distributed accordingly.
    Answer Applies to: Idaho
    Replied: 9/11/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    Who gets the property depends on the language of the will. If it states "to John, Bob, and Frank," with no alternative if the beneficiary does not survive, then the property goes to whomever survives.
    Answer Applies to: Florida
    Replied: 9/11/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Did the 2 brothers die after getting an equal interest in the property through the will or did they die before the person who made the will? If they died afterward, then their 1/3 share is their property and goes to their heirs. If they died first, usually a well drafted will addresses such a contingency. Does the will state what happens to each brother's share if they die before the person who made the will? For example, does it go to the heirs of the 2 brothers, go to someone else or does the gift lapse and go to the remaining then living brothers, which are the usual choices.
    Answer Applies to: California
    Replied: 9/11/2013
    Danville Law Group | Scott Jordan
    It depends on whether the 2 deceased brothers had any children. It also depends on what the will says in regards to distribution. I would need to review the will and also get a family history to determine who gets what. Also, just because there is a will does not mean the property can avoid probate.
    Answer Applies to: California
    Replied: 9/11/2013
    Gates' Law, PLLC | Thomas E. Gates
    It depends upon the language of the will and when the brothers died.
    Answer Applies to: Washington
    Replied: 9/11/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    The Will will need to be examined to determine it's provisions in case one of the beneficiary is deceased. Take the Will to an attorney specializing in estate matters for assistance.
    Answer Applies to: Colorado
    Replied: 9/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will depend in how the land was gifted our titled out of the will. You will need an attorney to review the documents.
    Answer Applies to: Michigan
    Replied: 9/11/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Not necessarily, it depends upon how title is held and what the Will states. Has it already gone through probate? I urge you to speak with an attorney who can review the paperwork and title and advise you.
    Answer Applies to: Nevada
    Replied: 9/11/2013
    James Law Group
    James Law Group | Christine James
    You will need to see an attorney to go over your family tree. It all depends upon when everyone died and if the brothers had any children.
    Answer Applies to: California
    Replied: 9/11/2013
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