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Staking a claim to inheritance?

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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.
 


BelizeBreeze

Senior Member
newlywed03 said:
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.
ANSWER: NO. The will controls and a third-party which is not expressly noticed in the will cannot recover. It would be different if your brother were to disinherit his own child in his own will. Then there would have to be an exact language in his will to disinherit. But this is not the same case.
newlywed03 said:
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?
See above.
newlywed03 said:
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)?
Yes but whether or not she could recover anything is a question of fact for a judge. Usually, inheritance is outside the pervue of the courts for adjustments.

newlywed03 said:
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)
And if your mother want's to MAKE SURE, then have her make separate wills from your father's. If they don't go together then whomever does go last is going to have a problem separating out the estate mess.

Tell your parents to sit down with an estate attorney about this before it turns into a mess.

one note also, your parents can put into their separate wills a condition that leaves the child a trust of $x but that if the mother or child contests the will or makes demands on any other hier's inheritance, that portion going towards the trust is to be denied.

In this way the child will become 'vested' upon turning whatever age is set for the trust or loses all vestment in the trust.

Sorry this is so long, and thanks for your help.[/QUOTE]
 

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