she's married 5 years , he has three grown children, and their very educated, his daughter is executive of the estate, and he did have a will , when he was alive they both had the same lawyer, she called him today and he said he was the lawyer for his children and that she doesn't need a lawyer, can she get screwed if she doesn't have a lawyer representing her?
2007-02-08 14:26:40 · 12 answers · asked by ASHDEL19 2 in Politics & Government ➔ Law & Ethics
She should have signed the will if they were married and prepared it together. If he prepared it on his own she should get a copy and read it. In most cases as the wife she is heir to the estate that they shared together. If the family resists or appears to be elusive she should get herself a lawyer. It sounds like he prepared the will before geting married and never updated it.
2007-02-08 15:44:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
She should read the will first of all. The instrument will give the decedents wishes for the disposal of his property. Absent a
showing of undue influence by his children, or some lack of capacity on his part, the will would probably be legally valid. The
one thing I find odd is that his daughter is executor of his estate.
In the vast majority of cases that I have seen, only if there is no
bequest to that person does one of the issue serve in that role.
The general rule is that if the executor is a named benificiary of the estate, there is a presumption of undue influence which negates any bequest made to that person.
Now as to the language of the will itself. It is certainly possible to disinherit any person, whether that be your child or your spouse. I would have a close look at the document and see what it says. If she has been disinherited, then she should certainly consult an attorney to investigate a possible undue influence claim against the children.
2007-02-08 14:37:40 · answer #2 · answered by Jeffrey V 4 · 0⤊ 0⤋
The legal expert representing the valuables in many circumstances can not represent any of the beneficiaries individually. If she feels there are going to be issues probating the will or that she won't be taken care of particularly, it would be in her maximum suitable interest to touch yet another legal expert and characteristic her or him evaluate the will and any pre- or submit-nuptual agreements. After the preliminary consultation, she would be in a position to be certain if she feels it rather is mandatory to have the hot legal expert represent her interior the probate lawsuits or if issues seem on the up and up and she or he does not rather have lots to rigidity approximately. Its rather all going to return right down to what's interior the will and the relationship with the three grown infants. If there is any animosity between the stepmother and the three grown infants or if there is an probability somebody could contest the validity of the will, your sister shouldn't hesitate to touch a clean legal expert. Paying a pair thousand income attorneys costs now could save her ten circumstances that interior the long-term.
2016-11-02 22:54:24 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Get a lawyer. He can ensure that she gets half of the estate. It is interesting that the daughter is the executor and not the wife. I wonder why?
2007-02-08 14:39:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Perhaps! It sounds like there is animosity between the factions. If this is so, what can it hurt to have her own lawyer present! If,on the other hand, everything is peaceful and normal between her and the kids, I'd still have my lawyer present!
2007-02-08 14:33:16 · answer #5 · answered by briang731/ bvincent 6 · 0⤊ 0⤋
The lawyer who told her to get a lawyer is doing her a favor. She needs an attorney of her own.
2007-02-08 14:30:20 · answer #6 · answered by Buffy Summers 6 · 0⤊ 2⤋
He represented her as well? Then no. If a situation comes up then he cannot represent them both. He has already represented her, then it is a conflict of interest if he is to represent the children in a dispute. As long as things stay civil, then it is usually better to work through one attorney.
2007-02-08 14:32:10 · answer #7 · answered by Chrissy 7 · 0⤊ 0⤋
Absolutely. Get a lawyer.
2007-02-08 14:30:24 · answer #8 · answered by Anonymous · 1⤊ 1⤋
She shouldn't need a lawyer unless she is planing on contesting the will.
2007-02-08 14:31:54 · answer #9 · answered by C B 6 · 0⤊ 0⤋
ASHDEL, She need a Lawyer.
2007-02-08 14:38:51 · answer #10 · answered by imtiaz7circle c 1 · 0⤊ 0⤋