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No will, who inherits
My uncle recently passed away but left no will. There was 4 other brothers but 2 of them died some time ago, one of them been my father. My question is that when his estate is divided up will it be 4 ways with the deceased brothers children recieving his share or will it just go to the 2 surviving brothers.
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For more on marking an answer as the "Best Answer", please visit our FAQ.I assume there is no spouse or children and it passes to the siblings of the whole blood under the intestacy rules?
Your father predeceased your uncle, but clearly left "issue" - ie you. As for the other uncle who predeceased, it depends whether he left issue or not. If he DID leave issue, the estate is divided as to one quarter for each of the brothers. Your father's share is divided between you and any of your siblings (if no siblings you get all your father's share). If the uncle who predeceased did not leave issue, then the estate is divided three ways.
Your father predeceased your uncle, but clearly left "issue" - ie you. As for the other uncle who predeceased, it depends whether he left issue or not. If he DID leave issue, the estate is divided as to one quarter for each of the brothers. Your father's share is divided between you and any of your siblings (if no siblings you get all your father's share). If the uncle who predeceased did not leave issue, then the estate is divided three ways.