[James Meagher]

The partner of my brother inherited his total estate. My Aunt died 2 days before my brother. The 4 remaining beneficiaries nephews and niece are named in the will, but does the partner inherit my deceased brothers' portion?

[Fr_Chuck]

The brother since he was alive at the death of the aunt will inherit what was left to the brother.
Since the brother is now dead ( but died after aunt) it will go into brothers estate.

Who ever is listed in brothers will will get it.

So while I guess it looks like the "partner" is getting it, legally the brother is getting it, but since the brother is dead, it goes to brothers estate.\

If brother had died first, before aunt then it would not normally work like that.

[ebaines]

The brother since he was alive at the death of the aunt will inherit what was left to the brother.

It's not that simple. It really depends on how the will is worded and how the law in your aunt's state defines "simutaneous death." In states that have adoped the "Uniform Simultaneous Death Act" if your brother died within 120 hours of your aunt then he is defined to have died simultaneously with your aunt, and how his portion is handled depends on how her will is worded. For example if it identifies her heirs as "per stirpes" then since he died at the same time as her his share goes to his heirs per the laws of intestacy in her state. If it doesn't mention what happens in case an heir predeceases her then in most states his share gets added back into the shares that the surviving heirs get. For reference see: http://en.wikipedia.org/wiki/Uniform...eous_Death_Act

Because laws vary you should consult with a lawyer in your aunt's state to see what the implications are.

[James Meagher]

Thank you this was very helpful. This occurred in the state of Virginia. I will request a copy of the will.
JF Meagher

[ebaines]

VA uses the 120 hour definition for simultaneous death: Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-104.2 Requirement of survival by 120 hours for statutory rights - Legal Research

Once you have the will look for language that specifies what happens if a named heir predeceased your aunt.

Who's the executor of your aunt's will? I hope s/he has an attorney assistng with probate of the will, cause it may get ugly.