Legal Question in Wills and Trusts in California

Pursuant to your question, your aunt is survived by children of two of her siblings. Your deceased aunt's parents and siblings are all deceased and she is not survived by a spouse and had no children. There is no will so the rules of intestate succession apply. Probate Code section 6402(c) provides that in this case, the estate is divided according to Probate Code Section 240. If your aunt had living siblings her estate would be divided equally between the siblings. Your parents share, since they did not survive your aunt, would be divided equally between you and your siblings. Your cousins parents share would be divided equally among your cousins. The notes to Section 240 refer to this as taking through transference by representation.

The short answer to your question is that your cousins appear to be correct. Your cousin takes half and you and your two brothers split the other half.

I agree with Mr. Weinstein, IF and ONLY IF your cousin you mention is not the deceased aunt's child. His answer is only correct if your aunt had two siblings, and you and your siblings are the children of one of them, the cousin you mention is the child of the other, and the decedent has no living descendants. If the deceased aunt has living children, or if her children predeceased her then grand-children of any degree, then they get it all and you and your siblings get nothing.

Probate Code section 6402(c) appears to be applicable.