I asked something similar to this yesterday but I have learned a few new things since that might mean a different answer.
My brother died and had inherited parts of my dads estate before that just as the rest of us had. My brother got cancer and died leaving a wife behind.
5 months after my brother died we sold a building that was in my dads estate and we are now getting monthly distributions from that sale.
My dads estate does not make mention of spouses in his trust. But instead it says over and over that if his children die before him (there is no mention of them dying after him) then it goes to their 'issues'.
My brother had no children.
So now my deceased brothers wife is telling us that she wants his share of the distributions from the sale of the building. Do we have to include her as a beneficiary now?
It's not quite clear from your post who died first. If it was your dad, your brother's inheritance became his when your dad died. The fact that it took a while to sell things doesn't change that. It seems to me that your brother's widow has a strong claim to at least half your brother's inheritance. I would recommend you consult with an attorney.
Yes you do. If your brother survived your father, his share vested on your father's death and therefore it was his. Now that he has died, it is heir's which appears to be his wife.
It is possible but your brother's issues would have to be dealt with as intestacy if he had no Will nor Trust. The possibility lies in any document that your brother may have executed as to the estate. If your brother had no document, then your brother's potential share of the estate would be classified as separate property and that would have a separate character as to its distribution if he had no children. Your sister-in-law needs to probate her husbands estate if they did not have a Will nor a Trust.
Maybe. Question involves crossover issues of probate and family law.
Deceased brother's wife may have interest in father's bequest based on her right to inherit from her deceased husband.
Additional specific information needed to opine further:
-terms of trust;
-trust vesting terms
Review of trust and amendments needed to opine more definitively.
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