Mother died without a will. After probate, money and subsequent oil royalty allocations were dispersed so that half of the total went to the four children, and the other half went to the husband. Is it ethical for the husband (also the father of the four children) to claim the half when he wanted a divorce - which he so wrote in a letter one week prior to the death? On the other hand, it could be said that the children are greedy for feeling that his half should be allocated to them. The children were in their twenties at the time of the death and now they are in their 40’s – older and wiser in worldly matters.
2007-04-02 07:30:02 · 11 answers · asked by Rae 3 in Family & Relationships ➔ Marriage & Divorce
It's may not be ethical but because they were still married he was still part beneficiary.As for all of them father and kids.The money was never theirs to begin with so there is no need for fighting over it.This was something that was left to them because of an un timely death.Each should be happy with what they got.
2007-04-02 08:12:17 · answer #1 · answered by FishinFool 2 · 0⤊ 0⤋
It doesn't matter if it is considered ethical or not...He is legally entitled to it. It doesn't matter that he wanted a divorce. There have been couples who were in the middle of a divorce when one passes and the other spouse gets everything because they were still legally married at the time of death. The husband was still legally married when this woman passed, he is therefore legally, ethically, morally etc entitled to it. Whether the greedy spoiled brat children of her's like it or not.
2007-04-02 07:37:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He didn't get a divorce , she could have left a will so the law states she could have left the whole caboodle to him and left each of you 1 dollar. You stop and think about really your lucky to get a half because the estate was built with the two of them contributed to gain this estate.
Why would you begrudge your own Father having half that belongs to him, you just want it all and leave him nothing shame on you that is your Dad. I believe your being greedy, if she had of wanted you kids to have it she'd made a will, even if she had a will, he could still be entitled to his half,
He worked and he deserves half of everything your better feel lucky you kids could split half. You seem like ungrateful greedy kids.
2007-04-02 07:54:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Ethical? what is ethical You don't know what would have happened, you could have gotten back together, You sound as though your of some means, If you wanted the divorce bad enough you would have just hired an atty. and let him deal with it.
The exact thing happened to my brother he and his wife were separated for yrs. she never bothered changing anything, and he got half then the other half got split between the 2 boys.
They were P!SSED in their mid twenties I had to deal with the estate, They got over being mad once they git their money and they still talk to my brother, Money is a bad thing when it comes to death and families
2007-04-02 07:40:33 · answer #4 · answered by walker9842 4 · 0⤊ 0⤋
Ethical... I dont know. Most likely not. But theres nothing you can really do to stop it. If he paid for the funeral, and all that stuff, I wouldnt have a problem with him taking it. Its their father, unless hes going to spend it on some 20 year old, its best not to cause more problems at such a hard time for the family.
2007-04-02 07:37:44 · answer #5 · answered by Zenthae 4 · 0⤊ 0⤋
Well since they were still married he did deserve the 1/2 of the money but your question was if it was ethical and I dont think so... If I was in his position I would probably ask for some money but not 1/2 since I think my kids deserve it more than me...
2007-04-02 07:37:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Wanting a divorce and actually being divorced are two different things. Sorry, but if they were still married and wife passed, he's entitled to her share of the inheritance.
2007-04-02 07:34:33 · answer #7 · answered by Starla_C 7 · 1⤊ 0⤋
Ethical or not, its legal. Thats what a court looks at, what is legal. If ethics were what decided things, this would still be in court being argued.
2007-04-02 07:38:08 · answer #8 · answered by chinamigarden 6 · 0⤊ 0⤋
That's HIGHLY unethical. If he wanted the divorce than he should have no rights to her inheiritance. He's got a whole lot of gumption to claim it's his by right.
2007-04-02 07:35:51 · answer #9 · answered by Kitten 4 · 0⤊ 0⤋
It may well be, however it is a little too late if they were still married.
2007-04-02 07:49:21 · answer #10 · answered by Anonymous · 0⤊ 0⤋