mothers' estate???

Question

If the savings is in her and her son's name and he is paying all of her bills, can he use the account for himself as well?
She died Jan.28th of this year.
His sister was written out of the Will and wants some furniture, and some savings bonds in her name, can we give her these things before the all of the estate matters are closed?
She is calling all the time, crying and angry, it's getting very upsetting, we want to give her what she is entitled to, and what she wants from the estate, but, we are told we should wait?? she is going to contest the Will, isn't that expensive? She is in PA, we are in MD, mom lived in MD, would she have a chance?
Also, she has 5 kids, 1 was put into foster care for a year and social services has been contacted numerous times, would that hold up in court if we needed it?

Answer 1

His sister was written out of the will? You mean, she is not a benefactor? Then no, she can not have anything until the estate matter is closed and she will lose in court hands down.

If your mother-in-law took her out of the will, she is no longer an intended beneficiary and is not entitled to anything. I don't know how she would bring it to court she has no standing.

Answer 2

Can the son use the money for himself? Likely not, they way you described it this bank account was set up to give him access just to pay bills. If that's the case then no, he shouldn't be spending it on himself. It may even be illegal to do so if he was a fiduciary and is now abusing his position.

No, do not give your sister anything until the matter has been probated. Yes contesting a will can be expensive SO DO NOT FUND HER CIVIL SUIT AGAINST YOU!!!! read that bit two or three more times if it wasn't clear. If you want to give her something after this is all said and done, fine, that is your right but don't give her anything from the estate until this is settled.

Whether she has a chance or not would depend on state law and how and under what circumstances the will was drafted.

The number of kids and her parenting skills are irrelevant, she is either a named beneficiary or not. Contesting a will is based on whether you were supposed to get something but didn't or the will itself was not valid. The court doesn't overturn wills because the person contesting it is a good or bad person.

Hope this helps.

Answer 3

My first advice is to consult a lawyer.

What passes under the terms of a will is basically all the property in individual name of the decedent. If there was a joint account with the son, it becomes his by operation of law. Joint or Pay on Death bonds become the property of the joint owner or beneficiary upon death. A copy of death certificate is needed to cash them in.

If a sister is not mentioned in the will, she gets nothing. It is possible, if all beneficiaries agree, to settle the estate on the basis of a "family settlement agreement" which gets filed of record in the Register of Wills Office. If everybody agrees, the sister can have some furniture.

Will contests are expensive and you can't do one without a lawyer. Not many lawyers handle them, and the ones I do know that handle them generally require a large retainer. It would not be unusual for an attorney to ask for a $15,000 retainer to handle a will contest. Grounds for a will contest are: (1) fraud; (2) undue influence; and (3) decedent was not of sound mind at time will was written. Mere allegation is not enough, the grounds must be proven to a court.

The governing law is the law of the estate of domicile of the decedent. All probate matters would be handled in the probate court of the county of domicile of the decedent.

In most cases, the administration of an estate will take a year. In Pennsylvania that is because creditors of the estate have up to a year after the first advertisement of Letters Testamentary to file claims against the estate. If an executor makes an early distribution before all debts and taxes are made, he does it at his own personal risk. If the executor makes distribution and claims of creditors or taxes are due, the executor must get back the money he has distributed from the beneficiaries, and if they do not give back the money, then he must pay it himself.

Answer 4

It depends on HOW the joint account was owned. A joint account with the right of survivorship is the sole property of the survivor at the moment of death. Other forms of joint ownership follow different rules and MAY have to pass though the estate. I don't know who the WE in your question is, but if you want to give part of your share of anything to the sister, you have that right.

Answer 5

Whatever is written in the will is final...She would have to prove that there was fraud or the mother was under duress when she wrote the will. It is very likely she is wasting her time contesting the will. I think it is admirable you are giving her something.

Answer 6

I didnt read your question. Heres how you deal with this situation. Sell all her **** before anyone notices and disappear.