My dad refuses to change the will but my mom insists that the daughters who NEVER come around will be there to contest the will and want his share. I also have reason to believe his wife will seek funds. My brother has terminal brain cancer, my mom and dad have colon cancer.
2007-03-23 12:23:58 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
All depends on how the will is worded in regard to how your parents want the shares to pass. His share can go to his wife and kids or revert to the other heirs of the parents estate. No way to tell without seeing the language in the will
2007-03-23 12:30:17 · answer #1 · answered by wizjp 7 · 2⤊ 0⤋
Whatever is stated in the will is how the estate will be divided and no one can change that. Does your father or mother have Power of Attorney? Neither one of them can change a will that is not their own without, at least, Power of Attorney and some sort of determination that your brother was incompetent when he last made the will. IF you brother was of sound mind when he made the will, it is legal and no one else can change it. Can you imagine what the world would be like if people went around all over the place changing other peoples' wills whenever they felt like it? No matter how much you mom doesn't like it, the will has to stand as is. The wife and daughters can contest the will, and if they do, you will have to deal with it, but, like I said, unless they can prove he didn't know what he was doing, chances are, it will remain as is. This is the same for your parents' will. Whoever it says gets what, that's how it will be distributed.
2007-03-23 19:44:32 · answer #2 · answered by Venice Girl 6 · 0⤊ 1⤋
Venice Girl misunderstands A POA. NO ONE can legally alter another persons will even with a POA. That is the ONE thing a POA cannot authorize. If you brother dies first, exact wording of your parents will(s) will determine if 'his' share of their estate passes to his heirs or to their remaining heirs. If your parents die first, your brother receives his share of their estate. When he dies, that becomes part of HIS estate an is distributed according to his will. If any of them don't have a will, they should write one TONIGHT.
2007-03-23 21:28:45 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
his daughters get his share of the estate. his wife will get nothing, (unless he has a will giving her a percentage of his estate), even if both daughters would die before your parents. in that case if he had no other kids then his brothers and sisters would split his estate.
2007-03-23 19:32:06 · answer #4 · answered by george 2 6 · 0⤊ 1⤋
When your parents die, all proceeds Willl go to the one who dies last.
If your parents out live your brother, everything that they have will probably go to you when they die. Your sister-in-law and her children wil receive nothing, unless your mom and dad leave your brothers portion to them in a Will.
Your sister-in-law, and your nieces, will have no claim to anything of your parents legally, if your mom and dad's will does not include them.
If your brother out lives your parents, 1/2 of their estate will go equally between you and your brother.because you both will be their blood beneficiaries.
At your brother's death, if he out lives your parents, his half will go to his wife.
However, the wording of their Will is very important.
2007-03-23 19:42:24 · answer #5 · answered by 4HIM- Christians love 7 · 0⤊ 1⤋
if your brother is dead. then under the law the rest split his portion. the will has to say to my oldest son and his wife.... a lot of people get thier grandkids screwed this way.
2007-03-23 20:19:20 · answer #6 · answered by The Simurgh 3 · 0⤊ 2⤋