Legal Question in Wills and Trusts in California

Distribution of my brother estate, No wife or kids

My brother and his wife was kill in a accident both die within 4 hours. Leaving there estate to each other. The wife niece had her lawer file a probate for the wife only. Question # 1 Do I need to file probate for my brother? Their are only one Niece on her side of the family. She was appointed Administrater of the estate. I have three childern and there are two other nephew on my brother side of family. Question # 2 How should the asset be distributed by law?


Asked on 9/12/99, 11:53 pm

1 Answer from Attorneys
Leslie Beckhart Law Offices of Leslie Kent Beckhart

Re: Distribution of my brother estate, No wife or kids

Yes, you should start a probate for your brother. The assets will be distributed according to the two wills. If the will of the spouse dying first distributes everything to the other spouse (the one who died four hours later), then that will happen; then the assets will be distributed according to the will of the second spouse to die.

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Answered on 9/14/99, 3:56 pm


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