Legal Question in Wills and Trusts in Pennsylvania
I had 2 brothers. Brother #1 is deceased but left 5 children. Brother #2 just died but was never married and left no children. How does estate of brother #2 get distributed ?
2 Answers from Attorneys
The estate of Brother #2 is governed by his Will, if he had one. If there was no will, it is governed by state law, which sets out the priority of relatives who are entitled to the estate.
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It depends where brother 2 resided. I assume that brother 2 lived in PA, that he only had the siblings mentioned and that brother 2 had no will or you would not be asking the question. Of course, if there is a will, then his assets get distributed as per his will.
If there is no will and he was unmarried and had no biological or adopted children, then brother 2's assets would pass to his parents. If brother 2's parents are both deceased, then his assets would pass to brother 1 and you (and any other siblings if they existed). Since brother 1 is deceased, then brother 1's share would be left to his 5 children.
To recap: if there are no other siblings, you get 50% and brother 1's 5 kids split the other 50% with each kid getting 10%.