Re: Inheritance issues,,

Posted by MarkB_MI on June 16, 2007 at 05:16:33 from (216.234.99.123):

In Reply to: Inheritance issues,, posted by Mark/ on June 16, 2007 at 04:35:10:

Mark, you didn't say whose estate this is, or how the estate is being split up. If your wife is legally entitled to a share of the estate, then her siblings can only deprive her of her share if she agrees to it. Some things to consider:

It may be that your wife's siblings feel that her sister is entitled to the entire estate because she did something extraordinary. For example, if she gave up several years of her life to take care of her parents, then it's only fair that she should get some compensation. (This happened in my family, and it caused a lot of bitterness on the part of a family member who did nothing, but expected an equal share of the estate.)

Even if there is a will, the law still takes precedence over the will. For example, joint tenancy takes precedence over a will; a husband can't will his share of property in which his wife is a joint tenant. (My wife's father "willed" his house to his son. This created some hard feelings, given that the son was not legally entitled to the house, since his mother was still alive and had no intentions of giving the house to him.)

My suggestion is that you and your wife first try to put yourselves in the position of her sister and other siblings and see if you can agree with their point of view. If you can't see it their way, and there is significant property involved, then you should retain a lawyer. If it's a small estate, then I would just write it off; life is too short to waste it on fights with your own family.

Replies:

• Re: Inheritance issues,, John T 05:58:09 06/16/07 (1)
  • Re: Inheritance issues,, MarkB_MI 09:50:25 06/16/07 (0)

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