Relative died without leaving a will?
My uncle died intestate, no wife or children,his 2 brothers,both dead, 1 had 4 children the other 5.Is the estate split 9 ways or do the children of each brother share 50%?
Answers:
each brother share 50-50
Nine ways. My father is going through a similar ordeal.
the estate will be equally split between all remaining members of the family.
9 ways they are all related to him the same amount
You could be lucky!
If he left no will - then there's NO estate to fight over.
If the brothers were still alive, each would get 50%. Since they are both gone, the estate gets divided up nine ways.
It depends on the laws of the state/country.
Some jurisdictions distribute "per capita" (by head) meaning each of the 9 grandchildren would get an equal share.
Some jurisdictions distribute "per stirpes" (by right of representation), meaning that the two brothers would each get 50%, and their children would split their shares (so 12.5% on one branch, 10% on the other).
As the above poster says, it depends on whether the distribution is to be per capita or per stirpes. Per stirpes means literally 'per branch'
Per capita (per head) means that they are entitled to an equal share - in this case would mean that each of the 9 entitled would receive 1/9th of the estate.
Per stirpes distribution literally means 'per branch', and this is where it is divided according to imaginary branches ofa family tree, with inheritance being by virtue of representing (a)pre-deceased parent(s). In this case, it would entitle 4 of them to 1/8th each, and 5 of them to 1/10th, dependent upon which brother of the deceased they were descended from.
If you are resident in Scotland, then it would be distributed per capita by virtue of s2,3 and 5 of the Succession (Scotland) Act 1964, as you are all the same level removed from the deceased.
The brothers would have shared fifty fifty, but as they are both dead the law looks at the number of descendants of your uncle's parents (i.e. your paternal grandparents) and there are nine of them. The estate is therefore divided into 9 during the process of distribution.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: