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Just Opinions Needed

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cruizer2

Junior Member
What is the name of your state? New York

In my mothers will, she left the proceeds of her apartment to go to her 5 grandchildren. We finally are in contract with a buyer. Now my sister is saying it isnt fair that I have 3 sons and she has 2 so her sons should get more money. The apartment sold for $200,000 meaning each child would get approx. $40,000 to make it even. The Will states each should get 1/5. Her point is that my mother wrote her will wrong and she should have had $100,000 put in an account for my children and $33,000 would go to each of my sons and the other $100,000 go into an account for her children and each of her 2 sons would get $50,000. She said she should have contested the will. I know that is not what my mother wanted. Each child is an individual and they should all get the same amount of money and just because there is an extra child why should my kids get less money. Just an opinion, do you agree with her thinking.
 


anteater

Senior Member
What is the name of your state? New York

In my mothers will, she left the proceeds of her apartment to go to her 5 grandchildren. We finally are in contract with a buyer. Now my sister is saying it isnt fair that I have 3 sons and she has 2 so her sons should get more money. The apartment sold for $200,000 meaning each child would get approx. $40,000 to make it even. The Will states each should get 1/5. Her point is that my mother wrote her will wrong and she should have had $100,000 put in an account for my children and $33,000 would go to each of my sons and the other $100,000 go into an account for her children and each of her 2 sons would get $50,000. She said she should have contested the will. I know that is not what my mother wanted. Each child is an individual and they should all get the same amount of money and just because there is an extra child why should my kids get less money. Just an opinion, do you agree with her thinking.
If that is what the will states, then that is what the will states. 1/5 each of $200,000 = $40,000.

Kind of presumptuous of anybody opining what mother wanted if the will has plain language.
 

cruizer2

Junior Member
As Zigner said, it was clearly stated in her will. My sister just wanted to change things so her kids can benefit more.
 

tranquility

Senior Member
As others have posted, what the will said is what the will said. There are certain states which give money in the way sister wants intestate or if the will has that language (per stirpes), but it is certainly not the way it's done when the express language is different.
 

Dandy Don

Senior Member
Greed does strange things to people. Try to explain to her the concept that EACH CHILD is getting a share (and so what if you have more children--that's not your fault!!) but even then she won't get the concept. Gee whiz.
 

Dandy Don

Senior Member
Surely this is not the first time that stepmother has been aggravating/annoying--it's what they do.

Did your father own any of the homes he lived in and do you know how the title/deed for them reads as far as ownership, or did he merely just rent or is there an outstanding mortgage due on any of them? Did you check at his place of employment to see if he may have had life insurance policy or pension benefits due?

If he owned his homes, then probate/succession is going to be necessary to determine who gets title now. You should check at the courthouse within 30-90 days to see if stepmother has filed any paperwork to open up his intestate estate for probate. If probate is opened up, then you may want to consult with an attorney to find out if you have any status/rights as a potential heir.
 

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