[KFranzman]

I recently had a great-uncle die without a will. He had no children and his wife preceded him in death leaving my aunt and mother as the "next in line," to inherit his funds etc. My mother however, has also passed leaving me, my two brothers, and sister. My question is, how should the money left be dispersed? Would my Aunt be entitled to all of the inheritance, half of the inheritance, or 1/5 of the inheritance?

[cdad]

If your aunt is the only remaining nearest relative then it goes to her. Did your great uncle pass before or after your mother did ?

[KFranzman]

If your aunt is the only remaining nearest relative then it goes to her. Did your great uncle pass before or after your mother did ?

He passed after my mother did. My uncle had a hand written a letter saying that when he passed he was leaving everything to my mother, but it is a copy and not dated. There are other issues at hand, but should the proper line of kinship and inheritance go to my aunt then that is how it should go... I'm just checking into how these things go and how the transfer of items go.

[AK lawyer]

" PROBATE CODE
... 6402. Except as provided in Section 6402.5, the part of the
intestate estate not passing to the surviving spouse or surviving
domestic partner, as defined in subdivision (b) of Section 37, under
Section 6401, or the entire intestate estate if there is no surviving
spouse or domestic partner, passes as follows:
...
(f) If there is no surviving issue, parent or issue of a parent,
grandparent or issue of a grandparent, or issue of a predeceased
spouse, but the decedent is survived by next of kin, to the next of
kin in equal degree, but where there are two or more collateral
kindred in equal degree who claim through different ancestors, those
who claim through the nearest ancestor are preferred to those
claiming through an ancestor more remote.
..." CA Codes (prob:6400-6414)

240. If a statute calls for property to be distributed or taken in
the manner provided in this section, the property shall be divided
into as many equal shares as there are living members of the nearest
generation of issue then living and deceased members of that
generation who leave issue then living, each living member of the
nearest generation of issue then living receiving one share and the
share of each deceased member of that generation who leaves issue
then living being divided in the same manner among his or her then
living issue." CA Codes (prob:240-241)

Which means that if your aunt and you late mother inherit, you get what you mother would get, were she still alive.

What all of this means is that his estate would go to the issue of his parents (your great grandparents I believe), or their issue. It will be complicated. You need a lawyer.