Who are the heirs in this situation?

Questioner

My sister recently passed away, she was single, no children and never married. There are 2 sisters and 5 brothers still alive, two brothers passed away earlier. These deceased brothers both have children. My question is: 1: are these children also heirs of my sister. So instead of their deceased fathers. 2: If so, should they also issue an estate power of attorney, as we brothers and sisters do. Or can this be omitted and will they share in the estate?

Lawyer

Dear, My condolences for your loss. In most cases, the children of deceased brothers will inherit your sister's estate, unless there are specific provisions in a will that provide otherwise. This is often referred to as 'substitution' where the children of deceased brothers take the place of their fathers in the estate. If the children of the deceased brothers are heirs, they usually have the same rights and responsibilities as the other heirs, including the obligation to issue a power of attorney. A power of attorney is required to properly handle your sister's estate.