Asked in Estate Planning

Q: Mother dieS. Estate goes to husband. If spouse has died estate goes to 2 adult children in equal share. EXECUTOR Daughte

Father Dies. Estate goes to Mother. If spouse has died estate goes to 2 adult children. Executors Son and Dauther. Parents both received post settlements 10 yrs later. one 10,000 and the other 200,000. Who's will for executor and beneficiary amounts takes precedence. Mother died first and Father 5 months later.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Most State's intestacy laws do not vest all property in surviving spouse. Property owned by Tenants By The Entirety or Joint Tenancy With Right of Survivorship would go to surviving spouse. Hire an attorney to advise on the relevant laws and who should have got what. There is no executor unless he is appointed under a probated will. Apparently you have not searched the titles nor knew who owned what, or exactly what Administrations have occurred in Court

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.