His only closest relatives are four first cousins, one of whom predeceased him by 25 days. Should the children (second cousins) of the dead first cousin inherit his share, or should the estate be divided between the living three first cousins. Please help. Thanks.
Update:He has not left a will called his personal lawyer and business lawyer and his bank, his personal paperwork has been gone through by the police, as he was found dead at home, all they found was a family tree which traced the four first cousins.
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Division of an estate of a person who dies without a will is determined by the state's laws of intestacy. As a general rule, the entire estate is divided equally among the first qualifying group, in order of relationship. The order is typically: spouse, children (including adopted children) and their blood descendants, parents and their blood descendant, grandparents and their blood descendants, great-grandparents and their blood descendants, step-children and their descendants, etc. There are lots of variations related to the order and the interpretation (e.g., does one gramma's family have priority over the other?) and so forth.
The "lawyers" mentioned will certainly know the applicable laws and how to be sure there is no will, which property belongs to the estate, who the heirs will be, who is the administrator of the estate, etc.
In your scenario, under one example of a state law: if the first ones on that list are first cousins, then they would equally share by "representation", meaning that the four cousins would each get 1/4, and the share for the one who already died would be divided equally by his or her children.
Note the children of his first cousins are not his "second cousins". They would be "First cousin once removed." To be his second cousins they would be related only through his great-grandparents, i.e., the children of his parents' cousins.
The place there is not any will. The closest household memebers do. The proportion where loved ones participants inherit is dependent upon what is often called Intestate succession. It's based on blood relationship, Illegitimacy shall not have an impact on the potential of a blood relation to inherit. An adopted little one is viewed a descendant of his adoptive dad and mom. If the deceased is survived via a spouse or spouses, and has no living descendants, the spouse inherits the estate. If the deceased is survived by way of a descendant, but not through a spouse, the descendant shall inherit the estate. The kids will get the stability of the property, and if a child is deceased and has descendants, that little one’s portion will go to their surviving partner and dependants. If the deceased leaves no partner or descendants, however each parents are alive, the mom and dad shall inherit the estate in equal shares. If the deceased has no surviving spouse or dependants but has only one surviving guardian, the mother or father inherits 1/2 the estate and the descendants of the deceased dad or mum the opposite 1/2. If there are not any such descendants, the surviving parent shall inherit the property. If the deceased will not be survived with the aid of partner, descendant or parent however is survived by descendants of the deceased father or mother who're related to the deceased through the dad and mom. One half of the property divided equally among the mother’s descendants and one half of of the property divided equally among the many father’s descendants. If the deceased will not be survived by using a spouse, descendant, guardian or descendant of a parent, the other blood family members of the deceased who're concerning him nearest in degree shall inherit the intestate estate in equal shares. Where there are no family, and the assets have no longer been claimed via a legit heir after 30 years, the property is forfeited to the state.
None of the above. He has a will that should be followed. Unless he was crazy (like Howard Hughs). But normal people with large estates have wills. I bet he has a will. You should call his lawyer.