are there any lawyers or lawyer wannabe's out ther

[hurricanegirl]

hello I need some legal advice please, I will try to be clear as well as (Ihope) brief

Dad and his wife (not my mother) each had seperate "mirror" wills...Each of them left everything to the other, and in the case of their joint death was to be split equally between my fathers two children and his wifes two children.

My dad died about 7 years ago. I do not believe that his wife ever had his will probated, or whatever.

She did inform me however, that she changed her will and is leaving everything to one of her daughters.

I realize that legally she can do this, and my dad made an error in the way their wills were made out - my dad had fairly substantial means, his wife came from nothing

Since she never did anything with his will when he died and I assume all assets are still held jointly (bank accounts would have been held as x or x, rather than x and x),,,where do my brother and I (and yes I will also include her other child) stand. Does this "joint ownership" even though dad is deceased -- help?

Will we need to contest her will?

Is there anything I should do prior to her passing? Or do I wait and then contest?/pursue?

[Deleted]

He left his wife everything. His wife is leaving her daughter everything.


I don't think there is much you can do, except be really, really, really nice to her for the next number of years.

[The J]

You're SOL. You can contest her will, if you wanted to, but good luck with that one.

[Deleted]

Sorry, I don't think there is anything you can do.
Your dad left all his money to her, and she can leave it to anyone she please.

[Deleted]

My dad's will is set up the same way and though he is still alive, I know I won't inherit anything from him. His wife is years younger and has better genetics. She may have every intention of splitting it after she passes, but who knows what will happen in those years. My guess is, it will all go to her son.

Now I have been mentioning my deceased relative a lot lately, but the reason she left very little to my dad was because she wanted her assets to stay in the family and didn't think that would happen if she left it to my dad. It would go to dad, then step mom, then her son, completely bypassing his daughter, grand daughter...

[steph08]

No legal advice here, but the same thing happened to my mom and her siblings back in the late 70s/early 80s. Her dad died when she was a teen, he left everything to his wife (my mom's step-mom) assuming she would take care of the kids, pass the money, etc. on to them when she died, etc. She did take care of the kids, but when she died a decade later, she left everything to her own siblings, completely bypassing my mom and my aunts and uncles. And there was nothing they could do.

It had such a bad impact on my dad (though he wasn't involved) that he has it so everything is to be split evenly between my mom, brother and I. Though I highly doubt my mom would pull anything like that.

I guess some step-parents can't be trusted. Just because they were one way when their spouse was alive doesn't mean that they will honor their wishes or act the same once they are gone.

[❤ mollymouser ❤]

Unfortunately, this happens all the time ~ as the result of less-than-ideal estate planning, but there's really nothing that can be done about it. When your dad died, 100% of his assets went to his wife, completely leaving you and your sibling out. All of those assets are now 100% hers, to do with as she sees fit. While she could voluntarily choose to leave something to you and your sibling, she is under no legal obligation to do so.

If there is a specific item of furniture, family jewelry, etc. that you would really like ~ you might as well ask for it now in case she's feeling generous. (She can always say no, of course... but it never hurts to ask.)

[Deleted]

[quote author=cfriery board=finance thread=5580 post=220409 time=1301418790

Since she never did anything with his will when he died and I assume all assets are still held jointly (bank accounts would have been held as x or x, rather than x and x),,,where do my brother and I (and yes I will also include her other child) stand. [/quote]

I wouldn't assume all assets are still held jointly. Most accounts have a beneficiary and all you need to show is the death certificate.

[Clever Username]

It sounds pretty clear that everything was given directly to her to do with as she pleases.
Because she felt the need to notify you, you might try to appeal to her morality if it was clear that this was not your father's intention.

The only way I see it possible to contest the will is if you have anything you could present that would show despite the way the will ended up, he wanted to give you the money.

I think the standard term is an "A B trust" when Dad's assets go into a trust when he dies. The goal of the trust is to support Step-mom while she is alive. Once that job is complete (ie she dies), the goal continues on to it's next goal, presumably supporting you.

[The J]

Mar 29, 2011 14:29:55 GMT -5 @pooks1976 said:

Mar 29, 2011 12:13:10 GMT -5 hurricanegirl said:

Since she never did anything with his will when he died and I assume all assets are still held jointly (bank accounts would have been held as x or x, rather than x and x),,,where do my brother and I (and yes I will also include her other child) stand.

I wouldn't assume all assets are still held jointly. Most accounts have a beneficiary and all you need to show is the death certificate.

It wouldn't matter anyway. The dates of death would be sufficiently separated that the father's will would take effect and then the step-mother's.

[Deleted]

Wouldn't the will have to have been probated since your father had "substantial means"?

[Phoenix84]

No legal advice. I just wanted to say that this situation is pretty common. A guy with kids is widowed, remarries, and leaves everything to the new wife and her kids while leaving his own kids in the cold. My dad is in this situation. His dad (my grandfather) was widowed in his mid 50's. He remarried and now everything will go to his wife, and my Dad will get nothing.

[Deleted]

I'm curious as to why she told you. Do you take the opportunity to say something like, "Mom (or Betty or Lulu), I know it's your decision, but I guess we kids always thought you and Dad thought of us ALL as one family. I know Dad wanted all four of us treated equally." Word it carefully, but you might make her think.

Also, imagine her own poor child who is being left out! That is REALLY a slap.

[Gardening Grandma]

No lawyer here either, and it really sucks for you.

I've worried about this for some time. When DH and I had our wills updated recently, I stipulated that if I die first, my share of the community property was to go to my children after DH's death. So he can remarry and leave his share to his new wife, but at least my kids will split my half. (Assuming there is anything to split)

[midjd]

Without looking at the will, it's impossible for any of us to tell you for sure... but this is a common estate-planning mistake, and it is likely that you now have no claim to the money. You should ask your stepmom for clarification, if you're on good terms with her - like SouthernSusana said, emphasize that he would have wanted all 4 kids to be treated equally.

[zibazinski]

I can't imagine why your Father's lawyer did not advise him when he drew up the will that this could happen.

[Deleted]

If they had legal help in preparing the original mirror wills, then there is a chance they were advised of this possibility and took action to prevent it. (if they weren't, then their lawyer shouldn't be in practice)

Have you seen your Dad's actual will?

[olderburgher]

Don't listen to or read any of the advice you see here unless it is to talk to a lawyer in whatever state matters here. Wills and will contests and battles over estate assets are local law issues and vary state to state so you have 50 different takes on what can occur. These are not federal law issues except for any federal estate tax issues, which do not seem applicable here based on your post.