Need Advice on Mother's will, HELP!!!!

[lamason1]

I will try to be short and to the point. Two major problems. This is South Carolina. 1. Three children, I am one of two daughters, I have husband who is in jail and owes alot of child support due to being in prison. Can his wife claim my inhertiance if my Mom were to die and leave me property and money? Problem 2. My Brother has signed over full custody of his twin daughters, (16 years old) to my Mother and has distancec himself from all his family due to conflict with his present wife. Can my Mom leave his portion to the girls and mention in her will he was provided for in many earlier situations (Mom and Dad bailed him out in two past marriages by paying off bills he owed). Mom wants to be fair to him even though he does not give her the time of day, but wants to make sure these girls are provided for too. Any advice?

Any help or advice greatly appreciated! Thanks! My sister and I both help with the girls and try to advise our Mother as best we know. I have suggeted she visit her attorney and ask for his assistance and get new will done ASAP to provide for my nieces especially.

 

[ALawyer]

Mom should do a Will and mention brother and say he gets only $100 becuase he has gotten a lot in the past. She certainly can leave the money to someone who will act as trustee for the 2 16 year olds -- a minor can not inherit property directly in most states, and in any event it is usually unwise to name minors as beneficiaries directly as kids often have little sense when it comes to money and too often a new car or vacation or clotheing may seem more important than education.

 

[lamason1]

Thank you, that is what I thought and just what we are doing. Thank you for your time!