Adult children's rights

[blackbird87]

What is the name of your state (only U.S. law)? WI

Our mother divorced and remarried a number of years ago. The man she married has 3 children of his own who are adults. Recently my mother fell seriously ill and it's possible she may die. Her husband has not been communicating with my brother and I about her medical treatment or her status. I believe my mother has a will, but am concerned that when she dies, the husband will not let us know of her death and try to tamper with the probate proceedings so that my brother and I will not receive our inheritance. As adult children, do we have any rights? How can we find out whether we are truly in the will or if there actually is one?What is the name of your state (only U.S. law)?

 

[anteater]

As adult children, do we have any rights?

That is far too general a question.

How can we find out whether we are truly in the will or if there actually is one?

Unless your mother chooses to show you her will, you can't while she is alive.

After she passes away, the will should be submitted for probate. If it is not, you and/or your brother can petition to ask the probate court to issue an order requiring that any will be produced.

But, keep in mind, that many married couples own assets in a manner - joint ownership or with beneficiary designations - that the assets transfer to the surviving spouse by operation of law rather than through the provisions of a will.

 

[blackbird87]

anteater, thanks for your reply.

How do I find out whether the state they live in is a marital property state and if so, would this affect the distribution of assets per the will's directives?

 

[Zigner]

anteater, thanks for your reply.

How do I find out whether the state they live in is a marital property state and if so, would this affect the distribution of assets per the will's directives?

Google comes to mind...

But, if the assets are titled in such a way that they will pass outside of probate, then it's a moot question.


Don't worry - it's not your stuff anyway.

 

[anteater]

As I understand it, WI is a community property state with a few twists.

What better source than the WI Bar:

http://www.wisbar.org/AM/Template.cfm?Section=Consumer_Resources&Template=/CM/ContentDisplay.cfm&ContentId=92180