what kind of a lawyer do i need if my mothers husband is withholding her will after her death

by Einar Corkery 10 min read

You need to see a wills, trusts and estate lawyer right away. You should know that assets in joint names or with a named beneficiary go to the joint tenant or beneficiary. You should also know that separate property (such as inherited property) goes one third to the husband and two thirds to her children, if there is no will or trust.

Full Answer

How can a wife inherit her deceased husband's assets?

A: My estate planning attorney, Janet Dobrovolny, says your recourse depends on your brother's official role in handling your mother's finances. If he has been legally appointed to serve as her conservator or guardian, he's required to fill out a detailed report on how he used the money.

What should I do if my wife dies without a will?

The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle. Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear. Call Arizona Estate Attorney Dave Weed at (480)467-4325 to discuss your case today.

Can I exclude my mother’s husband from my will?

 · Make a diligent search for a will. Look through your parent’s records and file cabinets, talk to their close friends and other relatives, ask their accountant and any lawyer they worked with in ...

Should I hire a lawyer to administer my mother’s estate?

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney.Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited and recover attorney’s fees ...

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

Do you have to open a probate estate?

In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case. If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options ...

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What to do when your mom dies?

Gather a list of your parent’s assets, financial statements and tax returns. It is particularly helpful to have financial statements covering the date of death. If mom died on March 19, you should gather up all of the financial statements that cover the entire month of March. Date of death values of assets will be needed for probate ...

What does a financial statement indicate?

Financial statements will often indicate ownership of the account. If there was a joint owner of the account, the ownership will most likely pass to the surviving joint owner and probate of that asset may not be needed. The same is true if the account had a “POD” – Payable on Death – listed.

My sibling is stealing from the estate or family trust, can I get my share of the assets back?

The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days.

What do I do when my sibling steals my inheritance?

It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust.

What is the penalty for my sibling stealing from the estate? Will they go to jail?

Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate.

How should you feel when a sibling steals your inheritance?

It’s natural to feel angry, disappointed, scared, and hurt. Any number of feelings. Just remember, regardless of what your brother or sister did, you have the ability to control the response.

How can I get over my sibling stealing my inheritance?

It takes time to get past the emotions of a sibling stealing your inheritance. At RMO, we often counsel clients on more than just the facts of their case.

When do I need a trust litigation attorney?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.

Do I need a trust litigation attorney near me?

We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles.

Question

My mother-in-law left her house to my husband when she died. My husband says the house belongs to him. But doesn't it belong to both of us since we live in a community property state?

Answer

Although "share and share alike" is the general philosophy of community property law, inheritances are treated differently. They belong to the beneficiary, separately. So, unless your mother-in-law specified in her will or trust that she was leaving the house to both of you, the house belongs to your husband alone.

What does an executor do after death?

After a person dies, their executor will be performing a variety of legal functions, including selling property, paying creditors, bringing any lawsuits that need to be filed, and, if necessary, reviewing medical records and distributing assets to their named beneficiaries.

What is the job of executor?

Acting as an executor is an important job. After a person dies, their executor will be performing a variety of legal functions, including selling property, paying creditors, bringing any lawsuits that need to be filed, and, if necessary, reviewing medical records and distributing assets to their named beneficiaries.

What rights do beneficiaries have?

A beneficiary has the right to notification of probate court actions, to view the original will, and to ask the estate’s executor for information and documentation as it relates to the estate’s assets.

What are the types of misconduct by executors?

In addition to stealing from the estate, other types of executor misconduct include favoring one beneficiary over another, poor asset management and failing to provide a beneficiary with documentation that he or she has a legal right to receive, to name a few.

If a relative dies, you aren't personally responsible for the deceased's debts. But the estate is

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Do husbands and wives own property?

Husbands and wives commonly own property as joint tenants with rights of survivorship (JTROS). A wife automatically owns JTROS property upon the death of her husband. An official death certificate must be presented to all financial institutions where JTROS assets are held. A death certificate also must be filed in the county register ...

What is intestate succession?

Spousal Intestate Succession. Intestate succession refers to an estate where no will exists. A wife takes all of her husband's intestate estate, if he does not have children with another woman. If a husband shares children with a woman other than his surviving spouse, the children will receive part of the intestate estate.

What is an elective share?

Elective Shares. The law of elective shares bars a husband from intentionally disinheriting his wife. Elective shares grant a wife rights in her husband's estate even if she is unnamed in his will. Each state has different rules and deadlines for claiming an elective share.