Am I entitled to property from my brother's estate if both of my parents are alive?
My brother passed and my parents are still alive and my mother is in charge of his estate. Will I be considered in the settlement, or is it just my parents?
Expert Answer
Whether you are entitled to any of your brother's property depends on whether he had a will when he died. If he did -- and you are named in it as a beneficiary, then your mother or whomever has been named as executor must carry out those wishes.
If he died without a will, the property he owned at death will be distributed to his survivors according to a hierarchy set out in state law. In Rhode Island, a deceased person's property goes first to a spouse, then to his or her children, then to his or her surviving parents equally -- then to brothers and sisters.
So if your brother was unmarried and had no children, your parents are entitled to the money and other property he had at death.
If there is some specific item you want as a remembrance of your brother, you might explain those feelings to your parents. But they are not legally obligated to give you any part of your brother's estate.