Legal Question in Wills and Trusts in Alaska

Our uncle passed away last week. His surviving brother and sister got together and decided to sell one of his cabin. Our father who was also is brother passed away leaving us as our uncles heirs. Do we have a voice for our father in the decisions made by the other brother and sister. There was no will.


Asked on 3/14/11, 4:49 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

AS 13.12.103. provides in pertinent part:

"... the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:

...

(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;

..."

So yes, your uncle's heirs, assuming he was not survived by children, a widow, or by his parents, would be the "descendants of" his parents, "by representation". These would be the brother, the sister, and your father's children. One third would be divided amony you and your sibling(s).

I don't know how they plan to sell the cabin. The don't have title to it (It includes some land it sits upon, correct?). The estate has to be probated first.

I suggest that you apply to the probate court to be appointed personal representative. Once that happens, you can sell the cabin and distribute the proceeds (after payment of your uncle's duly proven debts) in the proper manner.

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Answered on 3/14/11, 10:20 pm


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