Very Confused

[joey55912]

What is the name of your state? Minnesota
I'll try to keep this quick. My mom passed away a month ago. Her will states my brother, my step-dad and I get 1/3 each of any money. My step-dad gets the homested and we divide the tangibles. She had life insurance and a 401k that she got before she met my step-dad, so I assume at that point, my brother and I were beneficiaries, which is what she wanted. My step-dad stated that he get's it all, and his explanations are very skeptical. My step-dad is the representative on the will. I looked up the attorney on the will and he wasn't listed. I checked with the BAR association, and he wasn't listed there either. The will hasn't been filed with probate as of yet,(maybe doesn't need to) and there has been no reading of the will. The estate is small-just the life insurance and the profit sharing through her work. I don't know what rights I have, if any at this point. I don't know if the will I have is valid and don't know if I should hire my own attorney. If you can fill me in, it would be much appreciated.

 

[seniorjudge]

What is the name of your state? Minnesota
I'll try to keep this quick. My mom passed away a month ago. Her will states my brother, my step-dad and I get 1/3 each of any money. My step-dad gets the homested and we divide the tangibles. She had life insurance and a 401k that she got before she met my step-dad, so I assume at that point, my brother and I were beneficiaries, which is what she wanted. My step-dad stated that he get's it all, and his explanations are very skeptical. My step-dad is the representative on the will. I looked up the attorney on the will and he wasn't listed. I checked with the BAR association, and he wasn't listed there either. The will hasn't been filed with probate as of yet,(maybe doesn't need to) and there has been no reading of the will. The estate is small-just the life insurance and the profit sharing through her work. I don't know what rights I have, if any at this point. I don't know if the will I have is valid and don't know if I should hire my own attorney. If you can fill me in, it would be much appreciated.

The life insurance and 401(k) should pass outside of the estate (they have beneficiaries listed on them and do not need to go through probate court). If y'all have split up the personal property, what was left that belonged only to your mother? Shouldn't a husband get his wife's stuff?

 

[Dandy Don]

It is possible she could have updated the life insurance beneficiary to name her husband, but there is no way of knowing for sure unless you contact the life insurance company or ask the widower what the name and address of the life insurance company are.

If you know the name of the company that employed your mom, check with them about the status of the 401K money--they can probably tell you if she designated a beneficiary on that and whether her spouse is entitled to some or all of it.

What he is telling you about him getting everything may or may not be true--that is why you need to be talking to a probate attorney to find out what the law says.