my mother in law has no will, she says she will do it someday?

Question

what happens if she dies without making a will, she is divorced , has one sister , three sons, lots of grandchildren, is it divided between everyone, btw we live in ireland, thanks want to print the answers to show her it would be easier to make a will

Answer 1

in the words of chandler "can open worms all over the floor" it will be a mess

Answer 2

Her estate will go into probate and everything divided up between her three, surviving sons. Her ex-husband, her sister and her grandchildren will get nothing. They are not closest kin. Her sons are.

If her three sons are good boys, I suggest she make out everything to them. If she wants certain possessions to go to the grandkids or her sister, she can make that known in her will as well.

Your mother-in-law should definitely have a will. It makes it so much easier on her family just after her death, when they are dealing with funeral expenses and such.

If she should meet some nice gentleman, however, and marries him, all bets are off. Everything would to to him without a will, not her sons.

I am surprised that the woman is not thinking about protecting her sons.

It might be that the suggestion to get a will has to come from a trusted cousin or other [disinterested] relative or close friend, and not her immediate family.

Good luck to you and your mother-in-law.

Answer 3

It is much more difficult when someone is a dependent and does not make a Will (ie they are divorced or widowed) - if a person in these circumstances dies without a Will then the estate would go to the three sons but they would have to use a Solicitor and apply to the Probate Court which is a lengthy and process and can be quite expensive therefore less monies in estate to share.

If your mother in law is a pensioner she can go to her local Age Concern office - Age Concern have a service whereby Solicitors attend their offices to give advice/prepare Wills etc to pensioners at a much lower rate than if the pensioner went to a Solicitor. If the estate is large and your mother in law wished to leave money in Trusts ie for grandchildren etc she would have to see Solicitor or you can also buy a Wills package to prepare a Will yourself in W H Smith or other good stationary shops etc - they have instructions on how to prepare Will and as long as the Will is signed and witnessed by 2 independent persons (that is the two persons who are not named in the Will) then this is legally binding and is a "proper and legal Will - these do not cost very much either - hope this helps - please try and encourage her to prepare a Will as it is important in her circumstances

Answer 4

It is very important to make a will, your asked now when you bye your first house as a matter of course, to make a will, so many people do, at a very early stage make there will if only to get it out of the way, older people, are not so sure, they feel unwanted, and UN loved if the subject comes up, but its so important that they do make a will the sooner the better other wise if anything did happen god forbid then it would go to probate and you know who would get most of the money left, the solicitors, so Anyone young or old who has not made one should do so now, and get it out of the way, and don`t worry you can change it any time you wish with out telling a sole. good luck and may you live long and healthy, what part of ireland coz am moving there soon?
Ryan Diorx

Answer 5

My parents were angels when it came to this. They had everything done from living will to regular will to just about every single solitary thing wrapped up tightly in a bow. Even with all that done.....there's still so much left to do. I had to quit a job because of all the time required to go back and forth for lawyers and all that. I can't even imagine the stress it places on people when nothing is done. My ex's mom didn't do a will and it's been years later and they are still fighting over things. People change and act in ways and do things you never thought they would do. Heck...I was all that was left since my sister died young and I had relatives I never saw in my life ripping stuff out of their house when I would leave. I didn't want anything but my moms diamond earrings, my dads guitar and my great-great-great grandfathers violin. I was willed everything though....Before I was even able to get here....other relatives just made themselves at home and all those things were gone. The rest disappeared during all the times I'd have to handle things with a funeral director or something. Thing is....if they wanted it....most I would have given to them without a thought......but they decided to just steal it and play dumb. I mean neighbors saw but didn't get involved because they didn't know the arrangements. Haven't heard a word from any of those relatives since.

The kindest thing any parent can do is get that done because the risk of life longs feuds and hurt feelings last a long time. Even when it's done there's no guarentee of smooth sailing.....god I'd hate to think what it would have been for me if nothing was done.

Answer 6

She will likely leave behind some fueding. I don't know your husband or his siblings and maybe they can all get along and be kind to one while seperating things. Not how it went with my Pepere and my dads 8 siblings. Some of them are still not speaking after 5 years. My parents will is so outdated and my gram who died 9 years ago is the executor. My mom has given me some instructions as I am her only daughter about her jewelery and some family heirlooms because she fears my sis in law will take some things and sell them rather then keeping them in the family. I have begged my mom to redo their will and state clearly these things. She always says I dont plan to die anytime to soon. My mom has Leukemia. She is in remission but none the less we never know if we will have a tomorrow. I am 36 years old and have a will. Of course our children will get everything as they are minors but my 5 prize possessions need a place to go and it needs to be with who my husband and I would raise them best. Tell your MIL that it would be just horrible if this had to all go through court. Because it does happen. You can get a will at any office supply store and just have it notorized.

Answer 7

All living relatives would have a claim on her estate if she dies intestate. (without making a will). If the good lady has any preferences as to who should receive what it would be best to make a will. Also making a will helps to prevent many family feuds from developing. Lack of a will has been attributed to many family breakups. It was primarily for this reason that I have made one. I would not like to think that by not making a will , I have left behind a terrible family situation. We have to think of what we leave behind not only in terms of material things or money.

Answer 8

Without question people should make a will. Even if they know their family won't squabble about the Estate it makes it much easier and quicker to sort out especially if they have property. My Mother only had a small amount of money and no property and myself and my siblings sorted it out amongst ourselves with no hassle but it still took for ever.Lots of people do wills these days resulting in competitive fees for doing it.

Answer 9

Of course she should make a will for all the good reasons listed, but. Don't push the issue too hard! I suspect she knows what she should do but is not going to be pushed around by ever so helpful relatives. After all the the one person who does not benefit from a will is the person who makes it.
What do you call the person making a will?

Answer 10

Tell her for the sake of her loved ones she needs to make a will now !! You would not believe how greedy people can get over a few dollars !!!!! They will stab their own immediate family in the back for pennies !!!!! My dad died and split his life insurance policies 4 ways thank the lord !!! He didn't have much left by the time he died as he was separated from my Mother for years !!! I took and old overnight bag of his !!! I put it in my trunk and would you believe my brother asked where it was a asked for it and took it!!!! Even My pictures of me and my old report cards etc.from my childhood my sister wouldn't let me have !!! I had to tell them that I wanted something of my Dad's !!! I said, "Even if it is an old dirty ashtray I want something that was his !!! My oldest sister finally gave me his old jeweler's loupe !!!! So tell MIL to please get a will made up asap !!!

Answer 11

Well if she doesn't do it before she dies, others will do it after. And she won't have any say in the matter!

In the US there is a hierarchy, but anyone can file a challenge to that, and they will have to have their day in court.

Unless your family can agree on how to divide assets, get a will.