He inherited his mother's house in January, he has a sister that was totally written out of the Will.
This is the only family he has left, he wants to make me the beneficiary, how do we start this?
2007-05-29 08:48:24 · 6 answers · asked by tamilynn 3 in Politics & Government ➔ Law & Ethics
His sister would just sell it for drugs, she is on the street(by her own choice)everyone has tried for years to help her, very sad situation.
2007-05-29 09:07:14 · update #1
Why should you get his mother's house? Seems like his sister might have an opinion about this. He should not try to screw his sister. His mother probable assumed he would share with his sister and didn't want to force him to sell the house. She can contest his mother's will and get half of the house anyway.
But, he would do it the same way his mother did, with a will.
2007-05-29 09:02:13 · answer #1 · answered by lcmcpa 7 · 2⤊ 1⤋
The sister does not necessarily take under a will. The only parties who, if left out of a will or who must be specifically disinherited are children in most jurisdictions. however, a spouse may not be disinherited.
In your present situation there are several things he can do. Specifically, simply leave you the home. However, I would not suggest such. how does he know you will outlive him or that you will be around in a year.
This is not a cut to you. It's real life.
If he wants to do this right and insure that should he have a child that child is not left with an empty inheritance, he can leave the home to the child and you a life estate to the property.
What that means is that while you have the right to live in the home until you die or give up the right after he passes, the child actually owns the home.
Of course, there are other options but for those he should consult a probate attorney. unless he just wants to leave the home to you and be done with it. In which case write his will.
The sister has nothing to do with it.
2007-05-29 15:58:28 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
His Sister is probably going to contest the will, so you will likely become a beneficiary of nothing...as this would be overturned...
...a more productive thing to do is for your boy friend to be an honest brother and settle up with his sister with 1/2 the house to her....sorry but she will make your legal fees so high that if you think he deserves the house soley, she will make you spend every bit of equity that is in the property...
....so it is better for the Family to work this out instead of letting the Attorney's get the 100% of the house...trust me!
2007-05-29 15:56:38 · answer #3 · answered by Rada S 5 · 0⤊ 1⤋
She might be entitled to 1/10th or can contest it. And it depends if there is any stipulations in the will as to how it will be carried out. Otherwise he'd have to make a will out with your name on it.
2007-05-29 15:52:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
All he has to do is write you into HIS will or name you in his insurance policy. Or marry you, and it would be automatic.
2007-05-29 15:51:37 · answer #5 · answered by Anonymous · 1⤊ 0⤋
get married. He cannot give his inheritance away without incurring a huge tax penalty.
2007-05-29 15:51:45 · answer #6 · answered by hichefheidi 6 · 1⤊ 3⤋