QUESTION
Does my brother have any rights to his belongings or was it void when he remarried?
Asked on Apr 05th, 2013 on Estate Planning - Michigan
More details to this question:
A will was drawn up while my father was married to my mother. leaving all to my mother. In the case of her death, all was to be given to my brother. My mother and father divorced in 97 and my mother passed in '98. My father remarried 3 years later. He recently passed and has no will.
15 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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After allowances under the probate code, the assets of an estate of a married man, with children (more than one child) are to be divided 2/3 to the children and 1/3 to the spouse (whether she was mother of the children or not) - but this only applies to the assets that pass through probate - and does not apply to jointly owned property or beneficially designated assets (like pay on death accounts, insurance and IRA's).
Answered on Apr 08th, 2013 at 8:28 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Your father did not invalidate his will by getting remarried. Assuming that the will was executed properly way back when and that he never revoked the will or executed a new will, then the old will is still valid. It sounds like all of your father's assets pass to your brother under the will. However, you may still be able to claim a share of your father's estate. If the will simply fails to mention you (for example, if you were not born yet when the will was made), you could be an omitted heir who can claim a share of the estate. If, however, the will specifically mentions you but leaves everything to your brother, then it goes to your brother (again, assuming that the will was validly executed and never revoked). You do not say whether your father was married at the time of his death. If he was married, his wife could also claim a portion of the estate in the same way. This is a complicated question, and I definitely encourage you to talk to a lawyer about your situation.
Answered on Apr 07th, 2013 at 8:09 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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It sounds like there was a will. It just is old. The old will should be probated because the old spouse is not entitled to anything based on the divorce. The new spouse may have some entitlement but because there is a will that specifies something it would be used as a basis to determine as opposed to the laws of intestacy. Courts generally like to use a will as the basis that impose intestate succession.
Answered on Apr 07th, 2013 at 8:03 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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IF your father has no will, your brother and you should inherit 1/2 of your fathers estate. The other half goes to the new wife. I am unsure but your fathers new wife might get the first $60,000.00.. then split. Contact an attorney.
Answered on Apr 05th, 2013 at 5:31 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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His will would be valid just gift to his first spouse would have lapsed so sound like your brother has rights to estate. His new wife would have some interest also under Delaware law.
Answered on Apr 05th, 2013 at 5:31 PM
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That is a difficult question. It depends in part upon whether your father ever revoked the Will, or if it was merely revoked by Nevada law when they divorced. Also it may depend upon the value of the probate estate. In Nevada, if the Decedent dies with a probate estate of less than $100,000 it all goes to the surviving under the small Estate provisions of the probate code. It may also depend upon your brother's age at the time of his father's death. An attorney should be consulted with regard to the specific issues and facts. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 05th, 2013 at 5:30 PM
If he is your brother's father, he has rights. There is a time limit on his rights so he should consult with a lawyer who specializes in estate matters immediately. If he was not your brother's father, he has no rights.
Answered on Apr 05th, 2013 at 5:30 PM
If your father did not void the old will or replace it with another will, it may still be valid. However, state statutes may also impact who is entitled to inherit. Check with an attorney in the state your father resided in at the time of his death.
Answered on Apr 05th, 2013 at 5:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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One could argue strongly that your brother gets everything, except for perhaps any community property and the wife's right to the first $60,000 of separate property.
Answered on Apr 05th, 2013 at 5:28 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Either your father had a will or he didn't. The original will is valid unless it was revoked. It apparently leaves everything to your brother. However, your stepmother is an omitted heir, so she gets all the community property, if any, and one-third of the separate property. Your brother would get the other two-thirds of any separate property. If the will was revoked, so he died without any will, then the two-thirds-of separate property wold be divided equally among his issue.
Answered on Apr 05th, 2013 at 5:28 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The prior Will was revoked, at least in relation to anything left to your mother. It might provide for your brother, but the new wife would have significant rights, even if the assets are not held in joint names. If they are held in joint names, (which is the most common way for a married couple to hold title), then the Will is irrelevant and everything will pass automatically to the surviving spouse.
Answered on Apr 05th, 2013 at 5:28 PM
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Your question says he had a will leaving everything to your mother and then your brother and you end the question saying he had no will. Your situation is complicated and cannot be answered without much more information. Many attorneys offer free consultations and I suggest you sit down with an attorney to learn your rights to inherit under your father's estate.
Answered on Apr 05th, 2013 at 3:27 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You and your brother would be entitled to the estate of your father. The divorce killed the will provision to your mother when they divorced. However the assets of the estate of your father may have been retitled into the new wife so she could survive to the assets. You need to obtain the assistance of probate legal counsel to help you sort out this matter.
Answered on Apr 05th, 2013 at 3:25 PM
I am confused. At first you said that your father had a will while he was married to your mother, then you said that he died with no will. The earlier will is probably valid, even if he remarried.
Answered on Apr 05th, 2013 at 3:16 PM
If your father has no will and all his assets are only in his name, the estate will be shared by his wife and children.
Answered on Apr 05th, 2013 at 3:12 PM