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Legal heirs

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B

B.J.Barnett

Guest
From: B.J.Barnett Email: [email protected]
Subject: legal heirs

My brother is terminally ill.
I want to know if his wife has a legal claim to his part of my mother's estate
in the event of her(my mother)death.
In other words does she claim a child's part of the estate?

 


M

Marcia M

Guest
From: Marcia M Email:
Subject: RE: legal heirs

If your mother dies first, and there is no Will or Trust, then your brother or his estate would be entitled to get his share of mother's estate. If brother dies the day after mother, then brother's heirs get what was inherited from mother. (Brother's heirs at law typically include his wife and kids.)

The answer is mother and brother each should have a Will and Trust. It should say what happens IF. If I were the lawyer, and wanted to be sure to cut brother's widow out, I'd draft mother's Will to set up a trust that requires brother to outlive mother by 3 - 6 months to inherit anything (otherwise to his kids, if any), and if he does, put brother's share in trust, with only allow income and needed cash to go to brother during his lifetime, and on brother's death, have the rest continue in the trust and go to his kids when they hit 20 -30; If he has not kids, I'd distribute it back up to the other beneficiaries of mother.

 

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