I finally got a brother to understand. Our father died he had 5 kids and a wife of 7mo. Her name was not on anything. So why do she get anything. We are trying to figure this stuff out. Before we try and get a lawyer. It will be split between all of us.
2007-07-16 06:35:22 · 5 answers · asked by Shawty 1 in Politics & Government ➔ Law & Ethics
She got insurence money did not pay for funeral and she put the balance 8,000 in with the estate. Will that come from her half or as a whole. We all are hoping that it comes from her half.
2007-07-16 06:43:13 · update #1
There was no will
2007-07-16 06:49:57 · update #2
If he had a will, it will be followed. If he DIDN'T have a will the things he had left will be split up according to the intestancy statutes of your state.
If you don't understand, talk to the probate office.
2007-07-16 06:39:09 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
You don't get to decide who gets what.
If he left a Will, that decides.
If he didn't, the state Intestacy Laws decide, and under those, she DOES get a statutory share. In fact, if the Will was written before he married, she can get a share under the Intestacy Laws anyway.
Get a lawyer before you screw things up so badly that it will cost you legal fees to fix it before the fees to do it right.
* A couple of points.
1. The estate is usually responsible for the costs of the funeral. No heirs get anything until that's paid.
2. Insurance is not part of the estate unless the estate is the beneficiary, which is unusual because it is such a foolish thing to do. If she was the beneficiary, which is likely if she got the check, that's her money, and not part of her share of the estate.
2007-07-16 06:43:37 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
I had this very thing happen to me and my brothers when our father died. Words to be wise...... let her know right up front that she gets no more,sounds cruel I know but it's the right thing to do and if her name was on nothing then she has no say in anything ,and really she shouldn't be with you and brother when you address the lawyer about other financial issues, it is solely on you and your brother,you are now what the call executives of the estate and you can register at your local court house or through your lawyer as such.
2007-07-16 06:59:16 · answer #3 · answered by Sidetracked0260 4 · 0⤊ 0⤋
Regardless if there was a will or not, your father's wife will be the estate holder. Therefore, she will be the determinant of who receives what UNLESS your father had a will. Best bet, get a lawyer involved.
2007-07-16 07:04:16 · answer #4 · answered by Angela G 3 · 0⤊ 0⤋
Since he had no will, in most states his wife inherits everything. It does not matter how long they were married. By not having a will he indicated his acceptance of the standard distribution of his assets.
2007-07-16 07:07:05 · answer #5 · answered by davidmi711 7 · 0⤊ 0⤋