Is she entitled to her husband inheritance now that he passed away?

[Oculusindivum]

What is the name of your state? PA

Facts: My brother was separated from his wife and was living with another woman for about 4 years. He was in debt, with little remaining assets to his name. Late last year my brother suddenly passed away and did not have a will. My father is still living and has a will in which included my brother (only). My father is sole owner of the house in which my brother and his wife lived in for many years. About four years ago, they became separated and my brother moved out to live with another woman. His wife remained in the house owned by my father and is still there today.

Q: Is my brother's legal wife entitled to any of the inheritance (that particular house) which is currently written in my fathers will (she is not mentioned), now that my brother has passed away? Is there legally boundaries in some way to my brother's wife for entitlement of the house.

Thank you all for your kind answers...

 

[FlyingRon]

It would depend on how the father's will is specifically written. It could be that the son's heirs receive the inheritance, or they could be excluded.

 

[Oculusindivum]

It would depend on how the father's will is specifically written. It could be that the son's heirs receive the inheritance, or they could be excluded.

Thank you, my father has asked me to look over the will... what should I look for exactly to determine either way...

 

[Zigner]

Thank you, my father has asked me to look over the will... what should I look for exactly to determine either way...

You should be looking for an attorney that you can guide your father to for assistance in his estate planning.

 

[xylene]

Your situation does not make much sense.

Your FATHER needs a lawyer for Estate Planning and to Evict his son's ex wife.

 

[t74]

Get with you father to help him make a list of his desired disposition of his estate and of his questions and concerns. As long as your father is competent, he is free to have a new will drafted. If he is not mentally competent, to execute a new will, you definitely need a thorough review and for the executor to understand the current document.

Ask your father if he would like you to accompany him to the attorney so that you can be sure all of his concerns are communicated to the attorney and that, if you are named the executor of the estate, you understand the process of probate and the final document.. Real estate as part of an estate makes probate of the estate more complicated that an estate consisting of personal property and money (cash and investments). Expect to need an attorney's assistance. Be sure this is your father's - and not your - show. Unless your father's holdings are extensive, you can view typical wills for a simple estate online or in legal document generating programs.

A daughter-in-law would not generally be a beneficiary of the estate; your brother's children, if any, may be depending on the language of the will. I would suggest that once the will has been created that a copy of it be given to your other siblings (sister-in-law would not receive a copy unless she is specifically named) so everyone is informed of your father's wishes.

If there is no reason to keep the property other than sister-in-law living in it, your father may want to consider simplifying his estate by selling it and using the funds for his current and upcoming health care costs. Give sister-in-law the opportunity to purchase it at a fair price; if she does not want ot buy it then she can move.

 

[Zigner]

Get with you father to help him make a list of his desired disposition of his estate and of his questions and concerns. As long as your father is competent, he is free to have a new will drafted. If he is not mentally competent, to execute a new will, you definitely need a thorough review and for the executor to understand the current document.

Ask your father if he would like you to accompany him to the attorney so that you can be sure all of his concerns are communicated to the attorney and that, if you are named the executor of the estate, you understand the process of probate and the final document.. Real estate as part of an estate makes probate of the estate more complicated that an estate consisting of personal property and money (cash and investments). Expect to need an attorney's assistance. Be sure this is your father's - and not your - show. Unless your father's holdings are extensive, you can view typical wills for a simple estate online or in legal document generating programs.

A daughter-in-law would not generally be a beneficiary of the estate; your brother's children, if any, may be depending on the language of the will. I would suggest that once the will has been created that a copy of it be given to your other siblings (sister-in-law would not receive a copy unless she is specifically named) so everyone is informed of your father's wishes.

If there is no reason to keep the property other than sister-in-law living in it, your father may want to consider simplifying his estate by selling it and using the funds for his current and upcoming health care costs. Give sister-in-law the opportunity to purchase it at a fair price; if she does not want ot buy it then she can move.

If dad is competent to make a will, then son should NOT be involved (directly) in the matter. Any attorney worth his/her salt would encourage dad to NOT have son in the room during discussions.

 

[Taxing Matters]

What is the name of your state? PA
Q: Is my brother's legal wife entitled to any of the inheritance (that particular house) which is currently written in my fathers will (she is not mentioned), now that my brother has passed away?

No, she is not. Your brother's death ended the marriage he had with his wife. The only way she inherits from your father now is if he specifically gives her something in his will.

 

[LdiJ]

What is the name of your state? PA

Facts: My brother was separated from his wife and was living with another woman for about 4 years. He was in debt, with little remaining assets to his name. Late last year my brother suddenly passed away and did not have a will. My father is still living and has a will in which included my brother (only). My father is sole owner of the house in which my brother and his wife lived in for many years. About four years ago, they became separated and my brother moved out to live with another woman. His wife remained in the house owned by my father and is still there today.

Q: Is my brother's legal wife entitled to any of the inheritance (that particular house) which is currently written in my fathers will (she is not mentioned), now that my brother has passed away? Is there legally boundaries in some way to my brother's wife for entitlement of the house.

Thank you all for your kind answers...

No, your brother's widow is not automatically entitled to inherit any of your father's assets. Your father would have to include her in his will in order for her to inherit anything.

 

[Oculusindivum]

You should be looking for an attorney that you can guide your father to for assistance in his estate planning.

Absolutely, thank you for your comments though. Just seeing if others had same experience. Cheers!

 

[Zigner]

Absolutely, thank you for your comments though. Just seeing if others had same experience. Cheers!

Your dad has allowed the woman to live there for four years after the separation. It's possible that your dad will want to provide for the woman in some way. Encourage him to see that attorney.

 

[zddoodah]

Is my brother's legal wife entitled to any of the inheritance (that particular house) which is currently written in my fathers will (she is not mentioned), now that my brother has passed away?

This question doesn't make a lot of sense given that your father is still living. The house is owned by your father, and your former sister-in-law is his tenant. Given that your brother is dead, one would assume that your father will change his will. However, even if he doesn't, any gift to him in the will likely would fail because your brother predeceased your father.

Your brother's wife is entitled to a share of his estate. A quick search indicates she's entitled to the first $30,000 in value plus half of the balance (with your father or parents if they're both living getting the rest).

my father has asked me to look over the will... what should I look for exactly to determine either way.

Given your obvious lack of qualification, you should suggest that he consult with a local estate planning attorney.

If dad is competent to make a will, then son should NOT be involved (directly) in the matter. Any attorney worth his/her salt would encourage dad to NOT have son in the room during discussions.

The second sentence here is simply wrong and, while I agree with some of the first sentence, it goes too far as phrased. There's absolutely nothing wrong with having family members "in the room during discussions" about a person's estate planning (although, obviously, in specific cases, it could be a bad idea).

 

[Zigner]

The second sentence here is simply wrong and, while I agree with some of the first sentence, it goes too far as phrased. There's absolutely nothing wrong with having family members "in the room during discussions" about a person's estate planning (although, obviously, in specific cases, it could be a bad idea).

My point of view is that the OP's intent is to have some control in to the manner in which his father bequeaths his assets. As I mentioned above, father has allowed this woman to live in the house for 4 years. I suspect that the OP doesn't agree with that decision and is trying to ensure that the woman doesn't "get" anything. Dad should see an attorney without the OP present, and the attorney should make sure to, at the very least, convince him/herself that dad truly wants OP present.

 

[Oculusindivum]

Get with you father to help him make a list of his desired disposition of his estate and of his questions and concerns. As long as your father is competent, he is free to have a new will drafted. If he is not mentally competent, to execute a new will, you definitely need a thorough review and for the executor to understand the current document.

Ask your father if he would like you to accompany him to the attorney so that you can be sure all of his concerns are communicated to the attorney and that, if you are named the executor of the estate, you understand the process of probate and the final document.. Real estate as part of an estate makes probate of the estate more complicated that an estate consisting of personal property and money (cash and investments). Expect to need an attorney's assistance. Be sure this is your father's - and not your - show. Unless your father's holdings are extensive, you can view typical wills for a simple estate online or in legal document generating programs.

A daughter-in-law would not generally be a beneficiary of the estate; your brother's children, if any, may be depending on the language of the will. I would suggest that once the will has been created that a copy of it be given to your other siblings (sister-in-law would not receive a copy unless she is specifically named) so everyone is informed of your father's wishes.

If there is no reason to keep the property other than sister-in-law living in it, your father may want to consider simplifying his estate by selling it and using the funds for his current and upcoming health care costs. Give sister-in-law the opportunity to purchase it at a fair price; if she does not want ot buy it then she can move.

Excellent advice, thank you! I will follow your guidance.

 

[Oculusindivum]

Excellent advice, thank you! I will follow your guidance.

I spoke with my father and he also said thank you for the guidance, we will follow up with legal soon.