Totally lost on this one.

[NellieBly]

What is the name of your state (only U.S. law)? ME.

My mother's husband passed away in 2014. He had investments, annuities and CD's. My sister hired a lawyer to sort things out. This sounds dumb, but how does my mother actually get her inheritance? We have only a vague idea of what these assets are.

He wrote a will three days before he died, (he had dementia) but his relatives decided to forgo their inheritance. He didn't provide for my mother in it. The relatives probably relented because due to some glitch, my mother has a claim against the house that's been in their family for 100 years.

What is the lawyer actually supposed to do? He will only talk to my sister, who is equally clueless.

 

[xylene]

Your mother and family have a complex estate situation.

Your mother needs legal representation of her own, which is different than your sister hiring a lawyer.

If your family is not happy with this lawyer, hire a different lawyer who you are all on board with and communicating well with.

Well wishes in this complex situation.

 

[NellieBly]

Your mother and family have a complex estate situation.

Your mother needs legal representation of her own, which is different than your sister hiring a lawyer.

If your family is not happy with this lawyer, hire a different lawyer who you are all on board with and communicating well with.

Well wishes in this complex situation.

I should have been clearer. My sister merely paid the lawyer, he represents my mother. Unfortunately, we cannot afford to pay another one.

 

[anteater]

Problem is that you have dropped some tantalizing tidbits that are difficult to comment on.

He did a will, but had dementia? That opens the question of whether he was mentally competent to execute a will.

His relatives "decided to forego their inheritance." The will left his estate to these relatives? How did they forego their inheritance?

Best for your mother or sister to query the attorney to find out the attorney's assessment of the situation and what the attorney recommends.

 

[NellieBly]

Problem is that you have dropped some tantalizing tidbits that are difficult to comment on.

He did a will, but had dementia? That opens the question of whether he was mentally competent to execute a will.

His relatives "decided to forego their inheritance." The will left his estate to these relatives? How did they forego their inheritance?

Best for your mother or sister to query the attorney to find out the attorney's assessment of the situation and what the attorney recommends.

They agreed not to make a claim on it.

I believe in Maine, one cannot disinherit one's spouse.

A year prior to his death, my mother became ill and had to come live with me in Massachusetts. The husband (a nice guy, really) had to go live with his sister. He had never been married before and had lived in his family's home for his entire life before getting married to my mom. His sister and nephew are the heirs mentioned in his will.

 

[LdiJ]

I should have been clearer. My sister merely paid the lawyer, he represents my mother. Unfortunately, we cannot afford to pay another one.

Well, then he certainly should be talking to his client, your mother, and not just your sister.

 

[anteater]

I believe in Maine, one cannot disinherit one's spouse.

Technically, one can disinherit the surviving spouse. But the law does not like that and allows that spouse to take an elective share.

I mentioned the will and it validity because what your mother would legally be entitled to would depend upon whether there is a valid will or not. The elective share provides for a certain amount. The amounts under intestacy would vary.


http://www.mainelegislature.org/legis/statutes/18-A/title18-Ach2sec0.html

(I am assuming that he was domiciled in Maine.)