C
constantsorrow
Guest
What is the name of your state? New York
I am administrator of my father's estate (he had no will). His wife (my mother) is under treatment for a mental illness, but is now mentally competent. She wants to give my brother and myself more than the intestate share from our father's Estate (instead of the first 50,000 and half she only wants to take 50,000 and leave the rest to pay for my brother's college education and other expenses). My Aunt (mom's sister and guardian) has said "No". Can she do this? My father paid for me to go to college and he was going to foot the bill for my now 23 year old brother. Doesn't a spouse have the right to disclaim a part of an Estate to benefit her children. She already recieved $500,000 via non-probated assets (house, 401K, etc.) and a $40,000/year pension (from dad's retirement plan) so she is not in a bad financial position.
I am administrator of my father's estate (he had no will). His wife (my mother) is under treatment for a mental illness, but is now mentally competent. She wants to give my brother and myself more than the intestate share from our father's Estate (instead of the first 50,000 and half she only wants to take 50,000 and leave the rest to pay for my brother's college education and other expenses). My Aunt (mom's sister and guardian) has said "No". Can she do this? My father paid for me to go to college and he was going to foot the bill for my now 23 year old brother. Doesn't a spouse have the right to disclaim a part of an Estate to benefit her children. She already recieved $500,000 via non-probated assets (house, 401K, etc.) and a $40,000/year pension (from dad's retirement plan) so she is not in a bad financial position.