missing loved one

[frustratedntn]

What is the name of your state (only U.S. law)? TN - my father in law was lost in june to cancer, he had 2 sons and wife. (wife never worked outside the home) my husband is son #2 - he grew up knowing that son #1 was favored more by mother. Mother has always and continues to financially support son #1 and his 2 grown daughters ( over $135,000 just in the past 10-14 years and for my husband - very little.
My husband (son #2), since hsi dads passing, is concerned that any inheiritance he might receive upon moms passing will be none since the son #1 and 2 daughters are going through all the money he worked over 50 years saving. Nothing has been mentioned by mother about what was left upon fathers passing. Father wanted very much for son # 2 to receive inheritance. What can we do? there is multiple hundred thousands of $ at stake and I want my husband to be treated fairly since dad is not around to any more.

 

[anteater]

Assumng that your FIL left everything to your MIL or they owned everything jointly with right of survivorship, which is often the case with married couples, then MIL is free to do what she wants now and dispose of her assets after her death as she wishes by way of a will, trust, beneficairy designation, etc.

If she is doing this of her own free will, then there is little that can be done if she chooses to favor Son #1.

Now, if your husband really wants to throw gasoline on the family fire, he can check to see whether FIL had a will, if it was necessary to probate FIL's estate, apply to the court to open probate, etc.

What can we do? there is multiple hundred thousands of $ at stake and I want my husband to be treated fairly since dad is not around to any more.

This is unsolicited advice and you can tell me to bugger off if you like. But, tread lightly. This is your husband's business.

 

[curb1]

My advice is to be nicely direct about this situation. Has MIL done any estate planning? She needs to, as does everyone. If her intention is to favor #1 and daughters, that is her choice and #2 will be left out. The important thing is that she understands what she is doing. What she is doing and what she would intend to do could be completely different.

I sense that the children do not get along well. The children should be "on the same page" for helping MIL with estate planning.

 

[Dandy Don]

How do you know for sure that father wanted your husband to have an inheritance? He can check at the county courthouse probate court to see what the will says (normally it is filed there within 30-90 days after the death). I hope he WAS named as a beneficiary, but it is also possible that he could be disinherited or the relatives manipulated a will that left him out entirely. Father could be trying to provide for his wife's needs by leaving most of his estate to take care of HER.

Hopefully his mother will leave him something when SHE dies but there is no obligation for her to do that--he will just have to wait and see how she treats him, and I would not hold my breath to anticipate expecting very much, seeing how she treats son #2.

DANDY DON IN OKLAHOMA ([email protected])