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mom and dad will is giving my minor daughter away

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porcelina

Guest
What is the name of your state? Illinois

ok, here is my number 2 problem. Yes, I am nosey. After my dad died last month, I saw my mother and fathers will. In this will it states that on my mom's death, sister number 1 gets half, and get this: I, if I am alive, get half. That is the way it is stated. And if I am not alive then my daughters get my portion. I was shocked and appalled* by this. Then to top it all off, my parents will says if something happens to me, then my minor daughter will go with my sister and her husband. Can my parents and a lawyer legally appoint my daughter in a will when I am still living? My parents didnt even ask for my opinion. My parents updated this will upon my marriage. Any suggestions?
 


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coosi

Guest
ok, here is my number 2 problem. Yes, I am nosey. After my dad died last month, I saw my mother and fathers will. In this will it states that on my mom's death, sister number 1 gets half, and get this: I, if I am alive, get half. That is the way it is stated. And if I am not alive then my daughters get my portion.

**It sounds like your parents were concerned about your daughter's well-being upon their death. Is there a reason to think they might have survived you? It is normal for your child to get your portion if you were deceased.

I was shocked and appalled* by this. Then to top it all off, my parents will says if something happens to me, then my minor daughter will go with my sister and her husband. Can my parents and a lawyer legally appoint my daughter in a will when I am still living? My parents didnt even ask for my opinion.

**Your parents cannot determine custody/guardianship of your daughter upon your death.

My parents updated this will upon my marriage. Any suggestions?

**See my first response...
 

dakoto70

Member
They can't legally put her in a will anyway. She is a person not a poseccion (sp?). Have you talked to your mom about why she thinks you are going to kick the bucket and why she thinks she has the right to put your daughter with anybody but you?

Are you suffering some type of illness that would make your parents think you are going to die at an early age? is your husband abusive and they think he is going to kill you?
 
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porcelina

Guest
hello and no I dont plan to kick the bucket soon. But my parents may have put things in the will this way because their 15 year old daughter and my 17 year old son were killed in car accidents. I have no plans on dying soon. My husband doesnt plan to kill me, thats for sure, and my parents have for some reason taken it on themselves to take over guardianship of my 11 year old daughter though I am very much alive and my daughter lives with me. My dad died last month at the age of 84, my mom is 80 years old. (I am 40) Mom is in pretty good health, but I dont think she would be given custody of my daughter if something happened to me, but I sure dont want my daughter going to my sister and her husband. My daughter accidently overheard me tell my husband something about this and she said " I wont go with them, I will run away". It's not something we dwell on here, but I am just concerned that a lawyer would put something like this in a will without my consent or knowledge.
 

dakoto70

Member
Please

Relaxe, your parents can not will your daughter. I am so sorry to hear about your loss that maybe why your parents were acting the way they were, out of fear of what happened.
 
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porcelina

Guest
no, I dont have a will, but believe me, I will be contacting someone very soon and getting one made. I am concerned about what I read in my parents will. My wishes will be made concerning this, I am just concerned about the legality of my parents taking it on themselves to give my daughter to my sister and her husband upon my death, which obviously hasnt happened. And is it legal that a lawyer put this in writing without so much as consulting me about my wishes?
 
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coosi

Guest
It sounds like your parents thought by the time they died, you would already be deceased, and they would have custody of your child(ren). If that was the case, they were concerned for your child's well-being, and tying up loose ends. They did nothing illegal...
 

ellencee

Senior Member
Oh, come on! Except for the issue of the minor daughter's 'going to the sister', the will reflects commonly stated intents of what is to happen to one child's portion if the child is deceased at the time the will is probated and the estate is settled.

According to the will, if the two sisters are alive when the parents die, then each sister gets an equal portion of the estate. If the poster is deceased, instead of her portion going to her sister and giving her sister 100% of the shares, the parents have provided that the poster's daughter inherit on her behalf.

In opposition to this, if the poster's sister predeceases her parents, the poster gets 100% of the shares of the estate that would have been divided between the poster and her sister!

No one is advocating or predicting the untimely death of the poster or in hope that the poster dies before the parents do! They have simply protected the poster's share of the estate by giving it to her daughter if the poster predeceases her parents.

Perhaps the parents meant to say that the surviving sister would be guardian of the poster's share that passed to her minor daughter; thereby keeping the poster's new husband from having conservatorship over the minor daughter's inheritance.

If the parents meant the physical custody of the minor daughter of the poster, then perhaps the parents of the poster expected to be the ones to raise the child in the event of the poster's death as the poster's husband is the step-father and not necessarily entitled to have guardianship of the minor daughter in the event of the poster's death.

Now, is that clear as mud or what?!

EC
 
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nextwife

Senior Member
AS Ellencee said, it is very common language to have an alternate named benficiary, should a named benficiary preceed the decedant in death. My daughter is only 6, but my Will names where her inheritance would go in the event she were not alive. Heavens, we could all die together in a plane crash or car accident. I'm not sure why THAT provision would be such a "shock"?

THe minor daughter thing is BS anyway, Even YOU, the mom, cannot "will" your daughter to anybody, although IF there is not a living father for her, you can request a certain individual as your child's guardian if you should die..

Hmmm. Maybe I'll will my neighbor's house to son? Think that would work?
 

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