Surviving Spouse Right on Decesed Inheritance VS Sister-in-Law

[SheWolf27]

What is the name of your state? ARIZONA

Hi to you all...This situation is concerning my friend who's husband just died 2 days ago..My friend has been left w/ a 2 year old kid; their own business; a 4-month old house they just recently move into; no life insurance and god know what else credit-wise. My friend does not work and is dependent on the husband eversince and now feels crippled on how she can start everything. Bottomline, she is left with a huge financial burden to where she needs all the financial assistance she can get.

The husband's mother just also died not long ago and there is an inheritance that will be divided among the husband and his only sister (from my understand 1/2 bothways). Part of it will come from the sale of the house in Wisconsin and other else that my friend does not yet know coz they don't have the actual will. It is actually the sister-in-law who is "in-charge" and most of the time the husband/brother,when he was still living, just let the sister take-charge of the affairs.

Now that my friend's husband has already passed away, she is now unsure on her legal rights on the will/inheritance. She is worried that the sister-in-law will not cooperate and be transparent on what she is legally entitled to as a surviving spouse on her decesed husband's inheritance. As of this time, she feels that the sister-in-law is being vague and bypassing her on important decisions and how would be the distribution of the inheritance. My questions are these:

1) What is her legal entitlement?
2) Can she get a copy of the will so she can examine it herself? What is the proper way of getting a copy of it legally just in case it was not given to her in a casual way?
3) Doe she need a lawyer for this?

Thanks and I would appreciate any feedback on this...

 

[JETX]

The husband's mother just also died not long ago and there is an inheritance that will be divided among the husband and his only sister (from my understand 1/2 bothways). Part of it will come from the sale of the house in Wisconsin and other else that my friend does not yet know coz they don't have the actual will. It is actually the sister-in-law who is "in-charge" and most of the time the husband/brother,when he was still living, just let the sister take-charge of the affairs.

Did 'mother' have a will??
Was a probate file opened on her estate??

Now that my friend's husband has already passed away, she is now unsure on her legal rights on the will/inheritance.

Her husbands estate is entitled to any inheritance from his mothers estate.

She is worried that the sister-in-law will not cooperate and be transparent on what she is legally entitled to as a surviving spouse on her decesed husband's inheritance. As of this time, she feels that the sister-in-law is being vague and bypassing her on important decisions and how would be the distribution of the inheritance.

She needs to find out if probate was opened on her mother-in-law's estate. If so, contact the probate court in her 'home' county and try to obtain a copy of the case file. She might consider talking with a probate attorney in the probate county. She can get a low- or no-cost referral to a probate attorney by contacting the Bar association in that county.

What is her legal entitlement?

She has no direct entitlement, but may have one through her deceased husbands estate.

Can she get a copy of the will so she can examine it herself? What is the proper way of getting a copy of it legally just in case it was not given to her in a casual way?

See above.

Doe she need a lawyer for this?

See above.

 

[SheWolf27]

Hi JetX,

I am not so sure if a probate has been filed whatsoever, but your initial input are valuable, THANK YOU, this will give her some lead just in case the sister-in-law becomes difficult and does not cooperate in giving her a copy of the Will.

Few More questions please:

My friend, being "just" the sister-in-law and like as you mentioned does not have direct entitlement to the deceased husband's inheritance per se:

1) Will she be allowed to view/get copy of this without fuss from the courthouse (as being not the direct inheritor, herself)?

2) How will she go about to claim what is "legally" due her (or maybe that's not the right term she is not directly entitled)? I mean definitely the husband is dead and can't stake the claim and give to his family (my friend and the kid)......What will happen then to the brother's inheritance, will the sister be the SOLE person to determine how to go about IF or NOT it will be given to my friend? Will it be her discretion to partake or not and my friend will just accept whatever she likes to give? Meaning she DOES not have any legal say into this so she can't DEMAND?

The sister-in-law is actually w/ an attorney, whom from my understanding, she is consulting w/ (I guess the one who made the Will for the mother-in-law). I read somewhere here that the lawyer will only respond positively to direct clients (meaning the sister and friend's husband) and not to my friend should she ask from the lawyer a copy of the Will (you know, just to save time/effort going to the courthouse)?

Sorry too long, just want to know how this work and how she can pursue this in the legal standpoint...But I would really appreciate your input, I feel really sorry for her, she is very young and inexperienced, any info to give her a bit of direction better than nothing will really be good for her...

 

[JETX]

Will she be allowed to view/get copy of this without fuss from the courthouse (as being not the direct inheritor, herself)?

Probate files are public records.

How will she go about to claim what is "legally" due her (or maybe that's not the right term she is not directly entitled)? I mean definitely the husband is dead and can't stake the claim and give to his family (my friend and the kid)

If she is the executor or 'personal representative' of her deceased husbands estate.... she has the right as such to discover any assets that his estate has.

What will happen then to the brother's inheritance, will the sister be the SOLE person to determine how to go about IF or NOT it will be given to my friend?

You lost me on that one. Up until now, the two issues were the deceased husband and his deceased mother. How did this 'brother' get involved??

And with that confusion.... everything that follows in your post is 'lost'.

 

[SheWolf27]

You're funny! hehe..

Sorry, got too emotional and carried away and put in my sentence "brother" (yup,that was confusing eh?!), I was actually referring to my friend's husband, the sister-in-law's "Brother"

Am really new in all this and it is actually making sense from your answers to my questions. Now am getting excited that I can at least tell her some tidbits of info.

Anyway, w/ "brother" issue all cleared up , I will rephrase my question: "What will happen then to my friend's husband's inheritance, will the sister be the SOLE person to determine how to go about IF or NOT it will be given to my friend?"

Btw, do you need some sort of legal writing for my friend be appointed an "Executor" or "Personal Representative" of her deceased husbands estate? I mean, by law is this not automatic because she is surviving spouse and legally married to the deceased?

Is the sister-in-law considered as an "Executor" of the deceased mother's will since she is taking charge or I am far off in what I am saying?

Sooo, can both "Executor" of both parties (sister-in-law and my friend - after she gets the legal paperworks, if needed) now legally talk about how to settle the inheritance since BOTH now has the legal right (meaning the sister-in-law has no right now to be VAGUE coz it is now my friend's entitlement to be INFORMED of what should be hers?

I guess my concept of "Executor" is still too vague, like groping in the darkness ...Please correct me if I am wrong...My brain is just getting fried in trying to understand this legal intricacies, but I would like to learn


Thanks for reading *nudge you just in case you fell asleep*

 

[JETX]

"What will happen then to my friend's husband's inheritance, will the sister be the SOLE person to determine how to go about IF or NOT it will be given to my friend?"
No. If his mother died intestate (without a will), state law will determine distribution. If she had a will, it will determine distribution. That is why the answer to 'was there a will?' is so important.

Btw, do you need some sort of legal writing for my friend be appointed an "Executor" or "Personal Representative" of her deceased husbands estate?

Go to: http://www.azprobate.com/executor.htm

I mean, by law is this not automatic because she is surviving spouse and legally married to the deceased?

No. See above.

Is the sister-in-law considered as an "Executor" of the deceased mother's will since she is taking charge or I am far off in what I am saying?

Depends. The probate court has to authorize the executor. Assuming she died in Wisconsin, go to: http://www.sva.com/articles/Probate_process.pdf

 

[SheWolf27]

Thanx!

Thanks for the links ...I will try to read up more and see what else I can come up with then perhaps I can ask more pertinent questions, am sure some or most of my questions have been ask....but I do greatly appreciate you reading and responding to my humble queries

Till my next post !!

 

[nextwife]

What is the name of your state? ARIZONA

Hi to you all...This situation is concerning my friend who's husband just died 2 days ago.. no life insurance and god know what else credit-wise.

Some suggestions for your friend to research:

Be certain to check with the husband's employer. It is very possible he DID have insurance through work. For example, I have both a supplimental policy and 3X salary coverage as part of my employment package.

She should check with all the creditors in case any of those debts have life policies or credit death coverage included.

If his death was caused by an auto accident, she should check with any Auto Club that they may have held membership to, such as AAA, to see if any life insurance coverage is included with membership.