Q: Uncle left all assets to his siblings.per stirpes .but after his wife passes (second marriage) action after she dies?
I am the third exec of his estate...his wife was first...my daddy second ( deceased and heir) and me third. When is wife passes...is there any action I can take for me and the remaining siblings.....as per his will? She is in bad health and now lives in NC. Her nephews are managing/helping with her finances and etc. My uncle lived in VA like me and his will was probated and settled in 2015 with NONE of his siblings receiving anything.
A:
If the estate was probated, then it can't be 'reopened' because his wife has passed. HER will / estate plan / intestacy now controls the assets that were passed to her in his probate in 2015, and unless there were a 'life estate' with a reversion after she passed embodied in that earlier estate, then things are settled according to the estate plan she left.
I'd recommend you consult with an attorney in VA where your uncle lived to determine what if anything remains to be done, and what your responsibilities and rights are now.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
