who gets what from a decease spouse's death?

Question

my father is dying and does not want my siblings and I to share his assets with his wife, our mother. He only wants to give her the house, cars, and contents of what is on the premises.

Answer 1

Have him write a will....spell it all out, get who gets what in black and white and with lawyer's keen eye if possible. Moreover, talk to the spouse, have him explain his reasoning so that later on she won't come back wanting it all coz of miscommunication. Is this a bad relationship? Or does he just want to provide for you and your siblings? If she is kept in the loop, she may be more responsive. My grandparents had a family meeting when my grandmother was dying. They put in no uncertain terms that no property was taken from the house til grandpa passed as well (to keep him from feeling useless or forgotten). Everything was laid out as to whom things were to go and what things were to be sold or donated for charity. My father was made executor (after a family vote), because it was agreed he'd be most likely to insure all wishes were met as my grandparents wished, not their soon-to-be grieving and emotionally unstable children.

Answer 2

This is tough and I am sorry for you. I run a paralegal business on the side and I have seen this happen many a time. I hate to ask this, but is he of sound mind? If so, can you have private moments with him wherein you can put anger side and talk about the meaningful items from his estate that you would tresaure with all you heart? Sometimes people don't understand the worth of the smaller things until the end. At the end of my Granmother's death I only wanted her mother's ring, which curiously has my children on there. I wound up getting that and much more because I cared. Now, I do estate planning law. Is there way for you to see any documents pertaining to his passing? If you are not familiar with legal language take it to a an estate paralegal who will charge less than an attorney and tell you exactly what is going on. Otherwise, in genral, it is quite normal for a dying spouse to leave it all the to spouse, especially if this woman is your mother. The only problem with that, which is called a Will, is that it must got though probate if multiple heirs are named and that could leave her hanging, too. A Trust does not have to be probated. And a Trust is just a good as a will, if not better. And in the end, if he changes his mind he can write a holographic will that changes the course of the original will and supercedes it. Or he can render the original null and void, list it with the court as null and void. Then he can draw up a Family Trust and deliniate what goes to who. Then it is a done deal. If you expect elder care abuse, and I certainly hop not, contact Adult Protective Services. Good luck.

Answer 3

The only way your father can ensure his wishes are carried out after his death is through a will! If he is still of sound mind, have him visit with an estate planning attorney and get it done--now.

Otherwise, the estate will pass according to the probate code that is in force in your state. It is more likely than not that his wife/your mother will get everything in the event he passes without a will. Good luck to you, and keep in mind--don't fight with your mother and siblings about this. It's only money. Your family is more important. I'm sorry to hear about your father. Take good care of him.

Answer 4

Without a will or trust to the contrary, everything will go to the wife. Any life insurance or retirement plan assets will go to whomever is listed as beneficiary but.....if you are in a community property state and the wife isn't listed as the beneficiary to the retirement benefits, she still may get them unless she has signed away her claim to it.

You need to get a lawyer to him FAST before he is mentally unfit. Do not delay.

Dying intestate (without a will) can be a big mess where lawyers end up with most of it. Also if the estate is big enough, there could be estate taxes that can be avoided or minimized with a lawyer's help.

Don't try to do it without a lawyer or his wife can contest it and will probably win. Especially in a community property state.

Answer 5

Depends on the laws in the state you reside - depends on the will and how it is written, signed and notorized - depends on the probate court - in Texas surviving spouse inheirits all unless a valid will states otherwise - the loss of a parent is a sad situation - sadder still if there is squabbling over the material things left behind among the family members - I hope that is not the case here - your mother is entitled to inheriet all they have acquired together throughout their years - Good Luck and God Bless

Answer 6

ok that is what ensue to a woman I wide-spread, she turned right into a mistress of a merry guy, is about that particular same as no longer been merry and stay with someone, she have 2 young ones. After this gentleman die in a motor vehicle coincidence, she at the same time as to a regulation agency, they did a DNA examine on her young ones, were given letter from those who's conscious then as a pair, lease receives on his call, joint bank account, each element to expose they the position residing jointly. She were given component of his examine yet that maximum significant her young ones were given money until eventually they turn 18. After some years residing with someone they convey about household initiatives and privileges inspite of in the journey that they weren’t marry. examine with a criminal professional.

Answer 7

SHE YOUR MOTHER IS ENTITLED TO WHAT EVER HE LEAVES AND IF HE DID A WILL THEN THERE IS NOTHING THAT YOU OR YOUR SIBLINGS CAN DO TO CHANGE THAT JUST EXCEPT WHAT IS GOING ON AND MAKE YOUR OWN WAY IN LIFE AND DECIDE WHO YOUR GOING TO LEAVE YOUR ASSETS TO. LET THE DECISION BE YOU MOTHERS AS TO WHAT SHE WANT TO DO WITH WHAT HER AND YOUR FATHER HAD TOGETHER. AND IN THIS SITUATION DON'T WORRY HER ABOUT MATERIALISTIC THINGS YOUR FATHER IS DYING TAKE THAT TIME TO SPEND WITH HIM AND NOT WONDER ABOUT MATERIAL THINGS THAT SOME DAY WILL PARISH.

Answer 8

I'm not a lawyer, but I'm sure one would tell your father to put it in writing while he is still of mind. Have a living will drawn up by an attorney or have it written and notorized ASAP.

By the way, I hope your parents aren't still together, because if they are, I would be pissed if I was your mother.

Answer 9

Usually however the person put it in his/her will is how it is to be distributed. If there is no will then the living spouse has sole rights to the assets and property.

Answer 10

This all depends on what is stated in the will, the beneficiary of any life policies or determination from probate court if no trust is set up. This is a very basic answer. Hope this helps.