Missouri/Illinois law

[LisaRCHRIST]

What is the name of your state? Illinois

My brother passed away in 2004, resided in Missouri with no will. Our parents were divorced, my dad remarried. His estate went to my mother, my father, and me in thirds. We had my dad named as executor. My dad passed away in 2007, and his will was written before my brother's death leaving what he had to his current wife. Does his wife have a right to 1/3 of my brother's estate???? If my brother's death had occurred after my dad's death, she would not have held a right to any of it, do to the fact it was only blood relatives that had a right to it.

[Ohiogal]

Your brother was married when he died? Well guess what -- YOU had no right to any of his estate if he died intestate.

[TheGeekess]

Originally Posted by Ohiogal

Your brother was married when he died? Well guess what -- YOU had no right to any of his estate if he died intestate.

I think Dad was married to 2nd wife when Dad died; I saw no mention of Brother having a wife.

[Ohiogal]

Originally Posted by TheGeekess

I think Dad was married to 2nd wife when Dad died; I saw no mention of Brother having a wife.

Sorry. I got confused. In that case, wife is entitled to a portion of DAD's estate. Part of dad's estate USED TO BE brother's estate. But wifey has claim to father's estate.

[nextwife]

Originally Posted by LisaRCHRIST

My dad passed away in 2007, and his will was written before my brother's death leaving what he had to his current wife.

Originally Posted by Ohiogal

Sorry. I got confused. In that case, wife is entitled to a portion of DAD's estate. Part of dad's estate USED TO BE brother's estate. But wifey has claim to father's estate.

Sorry, OG!

If Dad had a valid will, dad was entitled to leave whatever portion of his estate he wished to his own wife. My dad left his entire estate to my mom, for example. Most of my aunts and uncles left their ENTIRE estates to their spouses. People are NOT required to will their money to their kids.

Brother's wife does not automatically have rights to FILs estate, just because her husband is deceased. She may have a claim to anything that may have been left to her late husband, but certainly is NOT entitled to get something late brother would not have received had he been alive!

[TheGeekess]

Okay, I know the OP was a bit confusing, but here's how I see it:

Brother dies, no will. Mom, Dad, Sib inherit, no other heirs.
Dad dies. Dad leaves everything to Dad's current wife.

Where'd you get the brother's wife, etc out of that?

[proud_parent]

Originally Posted by TheGeekess

Okay, I know the OP was a bit confusing, but here's how I see it:

Brother dies, no will. Mom, Dad, Sib inherit, no other heirs.
Dad dies. Dad leaves everything to Dad's current wife.

That's my take as well, Geekess.


It appears that what OP wants to know is, "Since Dad's estate includes proceeds distributed from Brother's estate, can Mom and I keep Dad's Current Wife from inheriting the money that Dad received from Brother?" To which the answer is: No.

It appears also that what OP really wants to know is, "If so, can Mom and I get our hands on Dad's share of Brother's money?" To which the answer is: Hell, no.


The basis for OP's reasoning seems to be contained here...

Originally Posted by LisaRCHRIST

My dad passed away in 2007, and his will was written before my brother's death leaving what he had to his current wife.

... suggesting that Sib thinks Dad's Current Wife shouldn't be entitled to Dad's inheritance from Brother, since Dad made out his will never contemplating that his son might die first.


Which inclines me to want to know, "If Brother had left a will leaving everything to OP, and that will was written before Brother won the lottery... would that mean OP shouldn't be entitled to those winnings because Brother made out his will never contemplating that he might win?"

No? I didn't think so, either.

[nextwife]

The original post had too many pronouns for which the subject was unclear.

However, once one inherits something in heir own name, it becomes THEIRS. They can then do with it as they wish. If dad inherits great gramps house, it BECOMES dad's house, then is dad's to do with as he likes. You can then stop referring to dad's inheritance as "Gramps house" or Gramps money" because it IS NOT! It is now dad's house, and dad's money, for example, and if dad wants to leave it to his cat, he is entitled to do so.

And BTW, poster, the PR or executor of a closed estate is irrelevant to the right to inherit issue at hand

[Ohiogal]

Originally Posted by nextwife

The original post had too many pronouns for which the subject was unclear.

However, once one inherits something in heir own name, it becomes THEIRS. They can then do with it as they wish. If dad inherits great gramps house, it BECOMES dad's house, then is dad's to do with as he likes. You can then stop referring to dad's inheritance as "Gramps house" or Gramps money" because it IS NOT! It is now dad's house, and dad's money, for example, and if dad wants to leave it to his cat, he is entitled to do so.

And BTW, poster, the PR or executor of a closed estate is irrelevant to the right to inherit issue at hand

Precisely I agree 100%.