Inheritence

What is the name of your state (only U.S. law)? I live in Delaware, my parents and brother live in NJ. My Mom is in a nursing home with advanced dementia, Dad passed away 1/25/09. My Aunt, Dad's sister left her house to my Dad when she passed away. Dad's will left the house to my brother and I, not to Mom because he knew she was ill and that we would take care of her, which we do. Mom had to go on Medicade since they had no money to speak of. We hired an attorney to do the paperwork and we were told that in NJ, one spouse cannot disinherite another spouse so the State is giving Mom 1/3 of the house, not a problem. Mom and Dad wanted each one of the 3 grandkids to get $10,000, again not a problem. The attorney, who has cost us almost $15,000 so far, says the kids $10 grand cannot come out of Mom's 1/3, has to come out of our 1/3. Then, my husband and I have decided to give our share except for $25,000 to my brother and his wife, because we don't need it. Now, the lawyer says I can't just give it to my brother without penalties and wants me to sign two different waivers saying I have no claim now or in the future.

My questions are, why can't the $30,000 for the grandkids come out of all 3 shares? Why can't I just give my brother my share without having to sign these waivers? Remember these involves the states of NJ and Delaware. Thank you for any help you can offer. I am perplexed over this and my husband is not comfortable with me signing these papers.

Dottie

Dottie, I'm sorry for your loss. It is refreshing to see a post about inheritance that doesn't involve someone trying to get one that wasn't intended by the deceased.

The first thing I suggest is that you make a list of all of your questions, even the ones that have already been answered in part or in whole by the attorney. Find a different attorney who is experienced in probate matters and have a consultation with him or her to address your questions, explain the laws that apply, and review and explain the waivers.

An attorney can't represent the Estate / Executor and represent you as a beneficiary. I think you would benefit from a consult from someone who is in the role of solely being your legal advisor. Best of luck to you!

Thank you for your reply, I have contacted a lawyer and according to her, everything is being done right.

Dottie