This is just awful.

[NellieBly]

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


As I have written here before, my mother passed away in February. Today I got a letter from a lawyer, stating that my sister wanted to be named executor of my mother's estate. All well and good, my sister is a competent, astute businesswoman and honest.

It went on to say that my mother had a total of 3 living children who would qualify and one grandchild who is the son of her deceased son (my late brother, who passed away in 1996)

Does this mean my late brother's adult children are heirs to my mother's estate? I know the law is the law, but these people spent their lives stealing from my poor mother. They (and their lowlife mother) would "borrow" money from her and pay back not a cent. When my mother lived independently, I told her NOT to even let them in her house. My niece got my mother to cosign a $16,000 car loan and my mother had to pay the whole thing. When my mother was dying in the hospital, we made the last payment. When my mother lived with me, they would call her cell phone and she would say to me "I don't want to talk to them, they always have their hand out.

Please tell me there's a loophole to this. She didn't write a will...

 

[justalayman]

'

if intestate, this law comes into play:

§2-103. Share of heirs other than surviving spouse or surviving registered domestic partner
The part of the intestate estate not passing to the surviving spouse or surviving registered domestic partner under section 2-102, or the entire estate if there is no surviving spouse or surviving registered domestic partner, passes as follows: [2003, c. 672, §7 (AMD).]

(1). To the issue of the decedent; to be distributed per capita at each generation as defined in section 2-106;
[ 1979, c. 540, §1 (NEW) .]
(2). If there is no surviving issue, to the decedent's parent or parents equally;
[ 1979, c. 540, §1 (NEW) .]
(3). If there is no surviving issue or parent, to the issue of the parents or either of them to be distributed per capita at each generation as defined in section 2-106;
[ 1979, c. 540, §1 (NEW) .]

§2-106. Per capita at each generation
If per capita at each generation representation is called for by this Code, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship which contains any surviving heirs and deceased persons in the same degree who left issue who survived the decedent. Each surviving heir in the nearest of degree which contains any surviving heir is allocated one share and the remainder of the estate is divided in the same manner as if the heirs already allocated a share and their issue had predeceased the decedent. [1979, c. 540, §1 (NEW).

]


so, simply put, if she did not leave a will, yes, the children of her deceased child do have standing to inherit from her estate.

and this is why you write a will if you want to exclude somebody from your estate.

 

[Stephen1]

'
so, simply put, if she did not leave a will, yes, the children of her deceased child do have standing to inherit from her estate.

and this is why you write a will if you want to exclude somebody from your estate.

I read (multiple times) the law you quoted and I don't doubt that you are correct but I now have a question on this. There are 3 living children of the deceased and 1 grandchild. If there were 2 grandchildren would each grandchild get 1/8th or 1/5th?

 

[LdiJ]

I read (multiple times) the law you quoted and I don't doubt that you are correct but I now have a question on this. There are 3 living children of the deceased and 1 grandchild. If there were 2 grandchildren would each grandchild get 1/8th or 1/5th?

They inherit their father's share, so 1/8th.

 

[latigo]

I read (multiple times) the law you quoted and I don't doubt that you are correct but I now have a question on this. There are 3 living children of the deceased and 1 grandchild. If there were 2 grandchildren would each grandchild get 1/8th or 1/5th?

Why are you asking about 2 grandchildren when you've twice written that there is but one; the child of your deceased brother who stands in the shoe of his father and is to inherit (per stirpes) the same proportion of the net estate as would have his father if living; to-wit: one fourth.

Since your mother died sans a will, the state's intestate succession laws will apply. These laws are designed to distribute the intestate estate to persons in consanguinity to the deceased that would customarily be the objects of their love and affection. There are no exceptions nor any "loop holes"!

 

[Zigner]

If there is any sort of proof that the money given was actually in the form of loans (as opposed to gifts), then the estate may be able to reduce his (their?) share by up to the amount of the loan.

 

[Stephen1]

Why are you asking about 2 grandchildren when you've twice written that there is but one; the child of your deceased brother who stands in the shoe of his father and is to inherit (per stirpes) the same proportion of the net estate as would have his father if living; to-wit: one fourth.

Since your mother died sans a will, the state's intestate succession laws will apply. These laws are designed to distribute the intestate estate to persons in consanguinity to the deceased that would customarily be the objects of their love and affection. There are no exceptions nor any "loop holes"!

Latigo: You have confused me w/OP. Note that this state's intestate rules do not use 'per stirpes'. My question about 2 grandchildren was a hypothetical written to try to clarify in my mind how "per capita at each generation" would work. Google has not been my friend as it has provided what appear to be conflicting answers.

 

[FlyingRon]

Latigo: You have confused me w/OP. Note that this state's intestate rules do not use 'per stirpes'. My question about 2 grandchildren was a hypothetical written to try to clarify in my mind how "per capita at each generation" would work. Google has not been my friend as it has provided what appear to be conflicting answers.

Let's call the children of the deceased mother A, B, C, and D, with D being the deceased brother.
We'll call D's son, DD.

In this case per capita and per stirpes would actually be the same. A, B, C each get their 1/4. DD gets D's 1/4.

Now let's say C was also deceased and had two children CC and CX. If it had been per stipes, CC and CX split C's 1/4,each getting 1/8. DD get's D's 1/4.
In per capita by generation, CC, CX, and DD would all get equal shares of what was not claimed by the living first generation heirs. They would split the aggregate 1/2 of the estate (C's 1/4 plus D's 1/4).
1/2 divided three ways is 1/6. Each of CC, CX, and DD get 1/6 of the estate.

 

[NellieBly]

If there is any sort of proof that the money given was actually in the form of loans (as opposed to gifts), then the estate may be able to reduce his (their?) share by up to the amount of the loan.

She (and my sister and I) made numerous calls to the bank concerning this. We spoke to the same lady each time.

And since I am completely juvenile, I wrote "Aurora L is a thief" on some of the payments.

 

[Silverplum]

Nellie, you crack me up!

 

[NellieBly]

Nellie, you crack me up!

My mother always said "Don't get mad...get even."

 

[NellieBly]

Okay then, would my sisters and I be considered the heirs of our other late brother? He had no children.

Could my son and I get compensated for having my mother live with us and caring for her? It was a privilege to do so, but I want to mitigate the amount the predators/grandchildren get. Sincerely, she was my best friend for 60 years and I miss her so much.

My older sister is paying for a lawyer, but he only speaks with her, so I rely on all of you for quick answers.

 

[justalayman]

What would have been your brothers share simply becomes part of the estate and means each eligible heir will recieve a greater amount of money.

As to reciecving anything for caring for your mother; not unless there was an agreement you would be paid for the assistance.

 

[NellieBly]

Why are you asking about 2 grandchildren when you've twice written that there is but one; the child of your deceased brother who stands in the shoe of his father and is to inherit (per stirpes) the same proportion of the net estate as would have his father if living; to-wit: one fourth.

Since your mother died sans a will, the state's intestate succession laws will apply. These laws are designed to distribute the intestate estate to persons in consanguinity to the deceased that would customarily be the objects of their love and affection. There are no exceptions nor any "loop holes"!

The letter from the lawyer said there were three sisters and the grandchild. I was assuming he meant my brother's oldest child, representing the other two. there are a total of 3 children.

 

[NellieBly]

If there is any sort of proof that the money given was actually in the form of loans (as opposed to gifts), then the estate may be able to reduce his (their?) share by up to the amount of the loan.

One would assume the bank paperwork would back up the claim that she merely cosigned.

Also, my older sister (the retired Senior Chief Master Sergeant) called the thief, I mean borrower to discuss the matter. The thief/cosigner gave her a sob story, all the while taking her family to Disneyworld. (According to Facebook)

Could my sister testify as to what was said? Is that hearsay?