My brother died one week after my father.My brother had no wife or kids.Who gets his part of my father's will?My sister and I are all that i...

Question

My brother died one week after my father.My brother had no wife or kids.Who gets his part of my father's will?My sister and I are all that is left in the will.My Dad's ex-wife who is not in his will said she as his mother is next of kin.My Dad would roll over in his grave.What do we do?

Answer

The answer is determined by what the will does (and does not) say. Without reading it, there is no way to answer you.

Answer

It depends on the language in your father's will. Did he have survivorship language and require any of his beneficiaries to outlive him by a certain amount of time? Does it say anything about a contigent beneficiary if any of the children died?

Assuming no, then your brother's share would be distributed to your brother's estate. If your brother had no wife or any children, then his share would go to his parents. Since the father is deceased, that would be your father's ex-wife.

I would have a probate lawyer (if one is not already involved) review the will.