An Oakland county attorney and a Wayne County Judge say the children of the deceased siblings have a share of the estate. There is a new judge who is taking this under advisement, implying that this is not true.
Can a child inherit property from a deceased parent?
In that case, the child may have a right to inherit property under state law. In some cases, a parent may leave a child more property than is allowed under state law. For instance, marital assets are equally owned by both spouses in a community property state.
What are the rights of a child when a parent dies?
However, because children are generally considered “interested persons,” they may have a right to contest their parent’s will in certain circumstances. Also, if a parent died without a will, children may have rights to property as heirs under state law.
Who are the brothers and Sisters of the deceased?
Brothers, Sisters, and Their Descendants. Brothers and Sisters If an intestate dies without a surviving spouse, issue, or parents, the decedent’s brothers and sisters and the children of deceased brothers and sisters will inherit the estate.
When did my mother leave the property to my brothers?
Q When my mother passed away in 2012, she left her property to me and my three brothers – the deeds have been changed accordingly. One of my brothers has lived in the property for around 25 years.
How does sibling rivalry affect a parent’s estate?
Sibling rivalry and fears that mom liked one child best are often played out after a parent dies and it’s time to divide up the assets in a parent’s estate. Sibling disputes can result in lengthy and expensive legal actions.
Can a brother sell his share of a house?
If you each own a distinct share in the property – and so are tenants in common rather than joint tenants – in theory, the brother who wants to sell could try to sell his share without your permission. But unless you and your other brothers would be happy and able to buy him out, it’s unlikely he would find a willing buyer.
