Question Regarding Heritage of Brother

Question

Assalamualikum,
I have a question regarding the inheritance of my brother. 
We were three brothers, and my elder brother has two sons. 2 years back, my elder brother passed away. At the time family was mourning and we did not bring up the topic of inheritance. My father was alive at the time. My father then passed away 1 year back. Now that the topic of inheritance has come up, me and my younger brother believe that we have a share in our brother's inheritance through our father.  We believe our father (since he was alive at the time of our brother's death) was entitled to 1/6th portion of our brother's inheritance. And since he is not alive anymore, that 1/6th portion would then go to our father's children (which would be me and my younger brother). 
My nephews (children of my elder brother) now say that we do not have any claim on inheritance from their father as the person to have actual claim would be their grandfather (our father) and since he is no longer alive, he would not have a share. They also say that any claim on inheritance should have been nought forward before their grandfather's (our father's) demise and that their grandfather would not have wanted a penny from their father's money. But no one can know what he did or did not want. 
Please guide us.
Jazakallah

Shariah Board of America · Accepted Answer

بسم اللہ الرحمن الرحیم
الجواب ومنہ الصواب ،وبہ التوفیق
Since your brother had male offspring at the time of his death, you will have no right in his inheritance.
However, your father was entitled to one-sixth of your elder brother's property.
From this point of view, you will have a share in all the property of the father.
According to shari'ah, it is not permissible for your nephews to refuse those shares of inheritance, which on the Day of Resurrection will be a cause of severe retribution.
Fatawa ID: 1216