*A will was never written
*Wife has no say because her sons are incontrol of her
2007-03-16 08:01:04 · 10 answers · asked by clair 1 in Politics & Government ➔ Law & Ethics
if there is no will
everything goes to the wife.
then she has controll.
2007-03-16 08:07:29 · answer #1 · answered by usafatceo 3 · 2⤊ 0⤋
The estate of the Father would go to the Mother. If the Mother's state of mind is not acceptable (insanity for instance), then it would still remain in her estate with someone overseeing it (money, possessions, property). The only way to skip over the Mother, would be to file for estate rights (sons, daughters, entitled portion). Even then, they would be given a portion after the Mother's.
Most likely the Lawyers will take an arm and a leg to do this and the wait time will vary, depending on what is involved. The more petty people are, the less the possessions they come away with.
2007-03-16 08:20:44 · answer #2 · answered by trojan 5 · 0⤊ 0⤋
Under most states, if there is a current living spouse, the spouse inherits everything.
Some states carve out a specific statutory share for adult children, in the absence of a will or any clear evidence to the contrary regarding the testators wishes.
So, as with any legal issue, the answer depends on where you are and what laws apply.
2007-03-16 08:13:23 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
His possessions belong to his surviving wife - no matter who is "in control" of her.
If the sons have gone to court and have legal custody of the wife, their mother, then the inheritance becomes part of the rest of the estate of the wife and would be managed in the same way the other affairs are managed.
2007-03-16 10:47:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on where you live. In some states, the state takes over and decides what to do. In some, it's up to the relatives to "fight it out." There is no set answer to your question - it's custom vs. family vs. government vs. debt . . .
2007-03-16 08:13:49 · answer #5 · answered by teacherhelper 6 · 0⤊ 0⤋
regguardless of who is in control of the wife she takes all and when she passes then it will go back to his children or you can get a lawyer and try to take legal action but that can get expensive
good luck
2007-03-16 08:11:38 · answer #6 · answered by country-girl 3 · 0⤊ 0⤋
next competant kin, I woul have to say the children if the wife has been proven incompetant
2007-03-16 08:10:18 · answer #7 · answered by Crystal B 4 · 0⤊ 0⤋
Surviving spouse, then siblings, then other family members. If none exists, the state.
2007-03-16 08:09:10 · answer #8 · answered by Dave 5 · 0⤊ 0⤋
if no will - the wife can get it, or if the kids can prove why - for some reason - the wife shouldnt handle it, it goes to the kids.
2007-03-16 08:09:00 · answer #9 · answered by anonymous 2 · 0⤊ 0⤋
well then it goes to probate actually, no will or anything? that takes a while, and I think the judge will probably split it up considering that you are his daughter. look up probate! that's what happened to my family when my grandmother died, she didn't leave a will and we ended up having to go through probate!
2007-03-16 08:10:56 · answer #10 · answered by LU S 2 · 0⤊ 0⤋