my husband's father died. and his brother and sister are trying to take all that the three of them are entitled. they sent him a paper from there lawyer asking him to give up his rights to everything. and in this letter it stated that my husband spoke with his brother and said he wanted nothing which it not true. my husband wants only his fair
share. 1/3 of the value of the estate. but they don't want to share it with him. my husband is the oldest son and the next of kin.
if my husband refuses to sign the paper will the brother still
be able to get the courts to grant him administrator of the estate.
i would like to add there father was not a good man.
he killed him self becaues he commited a crime and was facing the rest of his life in prison.
he also had not talked to my husband in years , never showed him love.
what should my husband do so that every thing turns out fair.
2006-08-08 09:50:54 · 18 answers · asked by christine 3 in Politics & Government ➔ Law & Ethics
there was no will. and the father was not married.
2006-08-08 10:04:08 · update #1
in a situation like this can you gat a lawyer and not have to pay until the case is won?
2006-08-08 10:09:50 · update #2
ask a lawyer not us dummies
2006-08-08 09:55:24 · answer #1 · answered by jyd9999 6 · 0⤊ 0⤋
Did the father have a will? If not, then it will have to go through probate and a judge will decide. Your husband should refuse to sign the paper cause they are trying to cheat him out of his share, is there a mom in this, she would be next of kin if there is. Your husband should send a letter to the attorney immediately advising him that under no circumstance will he give up his rights, keep a record for everything you do. Get an attorney to do this for you immediately
2006-08-08 16:57:45 · answer #2 · answered by julie_cano2003 3 · 0⤊ 0⤋
He should consult with a good family attorney, one who has experience with probate. If your father-in-law had a will, then the state will follow his instructions. If he did not have a will, then the state will decide what happens to his property. Typically though, the estate would be divided in some manner between a surviving spouse and children. Your husband should not sign any documents without legal counsel.
2006-08-08 16:58:39 · answer #3 · answered by Pam 5 · 0⤊ 0⤋
If your husband does not sign the leagl documents asking him to give up his rightful entitlement then they should not be able to take what he is rightfully entitled to,unless, the lawyer is corrupted, in which case you should hire a private detective or get the local authorities involved.However, if he does not sign the papers asking him to give up his entitlements, they cannot legally take, sell or loan out what is rightfully his.if that happens , contact a lawyer and take the other two to claims court.It is helpful to hire a P.I. in this case.If you have anymore questions feel free to contact me at bfusilierng85@yahoo.com.I hope all works out well.
sincerely yours,
Bryan Fusilier P.I.
(not to worry..my information to you is free of charge)
2006-08-08 17:04:41 · answer #4 · answered by Bryan F 1 · 0⤊ 0⤋
personally, i would hire a lawyer. a verbal agreement is LEGAL, so his brother will try to use that against him (although he didnt say it). whatever you do, do NOT sign the paper authorizing his brother all of his inheritance. he will never see it again. it doesnt sound like his family is very close, so i dont think hiring a lawyer to straighten this out will do much more harm on their relationship. whether your husband and his dad had a good relationship or not, he is still entitled to his 1/3 share. straigten this out LEGALLY. verbal agreement obviously cant be trusted. it is hear say and bull ****. get legal help and straighten things out. good luck.
2006-08-08 17:03:05 · answer #5 · answered by kristy 2 · 0⤊ 0⤋
Dear Sister ,
You need not worry as your husband has not yet put his sign on the legal paper . you should consult your husband not to put the sign on the paper . As your father in law has passed out your husband can apply the court for partition of your share . your husband has every right to get 1/3rd share of the property of your father-in-law . It is better to consult a local lawyer to fight for you to get your share .
2006-08-08 17:09:47 · answer #6 · answered by dhalniranjan 1 · 0⤊ 0⤋
Is there a will? If not it usually is divided up in 1/3s as in your case 3 children..Your husband SHOULD NOT sign anything giving up his stakes in this. He really should consult a lawyer.If there is a will a legal one then it will be followed as to who gets what. usually a will also names a administrator. That person is responsible for making sure the will is followed as it is written. If that person doesn't he will be in major trouble. Tell hubby sign nothing..
2006-08-08 16:59:52 · answer #7 · answered by cin_ann_43 6 · 0⤊ 0⤋
not give up his right.
is there a will he left behind? If not then the legal system will take care of it.
If the younger brother does not have anything in writing from your husband there is nothing he can do.
Unless your husband said infront of witnesses that he wants no part of the estate he is ok
2006-08-08 16:56:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The estate needs to go to probate court, no unless he signs something, he is suppose to get his share, but if he does not hire an attorney and force this into probate court, most likely they will cheat him out of most things.
2006-08-08 21:42:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get a good lawyer who will take the case and charge a portion of the proceeds. Most attorneys will evaluate your case free of charge ... the first visit. You must have an attorney !
2006-08-08 17:10:58 · answer #10 · answered by Pey 7 · 0⤊ 0⤋
In my humble opinion, your families faith is defined and chosen by a lawyer a atorney to be a bit more specific in that field, seek some help from agents that have many years of experience not us we don't know as much but one of us might be an atorney.
2006-08-08 18:13:01 · answer #11 · answered by Anonymous · 0⤊ 0⤋