Getting what your were willed

[beaches]

What is the name of your state?


I live in New Jersey. In July, my mother in law pasted away. In her will she left 4 of her grandchildren $1,000 a piece. My one brother in law and sister in law inherited her house, which has a second mortage on it . They have been saying that , "there is no money and the children are getting anything". Is there something we can do. My daughter doesn't need the money , it's a matter of principal now.

 

[stephenk]

Is the house mortgaged to the hilt? what is the value of the house and what is owed?

By the way, it is always about the money. It's about the principle if you are willing to spend $10,000 to be right and not really care if you win or lose.

 

[beaches]

The house in this market could be worth about $300K and the mortage is 90K. The will is currently being contested by another sister. When this will was changed she was suffering with Althizmer's disease and she was coersed into changing it.
That took everything including family pictures which they threw in the attic . Isn't their lawyer supposed to follow through with the will? They didn't even pay the balance on the funeral with the insurance money and they sent everyone a bill which we did not pay .

 

[JETX]

Simply, someone doesn't understand how this is supposed to work!!

Your post mentions that she had a house and insurance. It makes no mention of any other assets (car, bank accounts, savings, etc.). So, it is obvious that there were some assets.

The decedants debts (including funeral expenses) are supposed to be all 'gathered' together. Also, all assets are to be accumulated (insurance, property, cash, bank accounts, etc.). Then, the debts are supposed to be paid from the assets (including the house value).

Once that is done, THEN the beneficiaries receive their distribution.

I would suggest that you talk with your sister (the one who is challenging the will) and make sure that both of you are on the 'same page' as to any challenges.

 

[beaches]

get what you were willed

First of all , we weren't in her will except for our daughter. We just received a copy of the will and that was that. Shortly after that I received a bill from the funeral director.
She had no other assets (no car, no bank accounts) they went through her pension way before she passed since she gave her one son power of attorney.
As far as my other SIL, we are on the same page. Her daughter is also mentioned in the will. She is fighting the will because if my mother in law was well she would have never left her out of the will.. She was the one who took care of her and her house for years. She's has medical evidence that my mother in law was in no state of mind to be changing her will at that time she did because she well into the disease.
They re-mortgaged the house and that was where the money was supposed to come from to give to the children but that was not done and they have no intention of settling this. I know that now there maybe several liens against the house, I know that the funeral director did with a lien on the house for sure.