newlywed03
Member
What is the name of your state? CA
My parents have their will set up that upon their death (they seem to think that they will "go" together, since they do everything together!), other than a few specific items within their home, everything is to be liquidated and the proceeds split evenly between my brother and me.
My brother has a child from a prior relationship. My parents & brother see the child once or twice a year since they live in a different state from the kid.
1 - can this grandchild (or the childs mother) put a claim in against my parents estate? (the boy is young, but his momma is money hungry). My mother claims she asked an attorney who assured her they could not file a claim against the estate, however i'm still concerned.
2 - to the best of my knowledge, the child is not specifically mentioned in the will. I recall reading something that stated if he's not specifically mentioned (either to benefit or not), this would allow him to dispute the estate. Is that accurate?
3 - My brother is completely current with his child support obligations. Could the childs mother "go after" him for more money upon his inheritance (i.e. consider it an increase in income and thus increase the child support)?
I don't personally care about what I get out of this (as far as I'm concerned my parents don't "owe" me anything, they raised me afterall!). I just want to know if the child could collect against their estate, since i know my mother was very insistant that he NOT get anything, as she feels it's his mother & my brothers responsibility to see that he's taken care of. (and there's probably another underlying reason that she's not filling me in on)
Sorry this is so long, and thanks for your help.
My parents have their will set up that upon their death (they seem to think that they will "go" together, since they do everything together!), other than a few specific items within their home, everything is to be liquidated and the proceeds split evenly between my brother and me.
My brother has a child from a prior relationship. My parents & brother see the child once or twice a year since they live in a different state from the kid.
1 - can this grandchild (or the childs mother) put a claim in against my parents estate? (the boy is young, but his momma is money hungry). My mother claims she asked an attorney who assured her they could not file a claim against the estate, however i'm still concerned.
2 - to the best of my knowledge, the child is not specifically mentioned in the will. I recall reading something that stated if he's not specifically mentioned (either to benefit or not), this would allow him to dispute the estate. Is that accurate?
3 - My brother is completely current with his child support obligations. Could the childs mother "go after" him for more money upon his inheritance (i.e. consider it an increase in income and thus increase the child support)?
I don't personally care about what I get out of this (as far as I'm concerned my parents don't "owe" me anything, they raised me afterall!). I just want to know if the child could collect against their estate, since i know my mother was very insistant that he NOT get anything, as she feels it's his mother & my brothers responsibility to see that he's taken care of. (and there's probably another underlying reason that she's not filling me in on)
Sorry this is so long, and thanks for your help.