QUESTION
How do I claim my portion of my father's estate?
Asked on Sep 25th, 2011 on Estate Planning - Georgia
More details to this question:
My husband and I were asked by my mother to help keep the 57 acre farm from being foreclosed due to her gambling addiction. She was unable to re-finance at that point. I have 4 other siblings who were unable to help, so my husband and I were living on the farm to help my folks since their health was failing, with a new loan of $190,000. We had to pay off our 2 vehicles at $40,000, which is included in the loan amount in order to obtain the loan. My mother had a power of attorney for my father, who did not know what was happening, but my mother said he knew. After about 6 months, my father learned of the situation, and got very upset as I would be too. So my father went to an attorney, made a will which excluded me. M y mother had CHF (congestive heart failure) and dementia and was instructed to sign over her part of the estate. My father passed away approx 1 year ago. Does the estate then revert back to the surviving spouse? And would I be able to claim my portion of the estate?
3 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This is somewhat too complicated to answer on a website. It's not clear what you mean when you say mother was instructed to "sign over" her part of the estate, but there are ways that could be done. Your father's estate passes as set forth in his will.
Answered on Jun 19th, 2013 at 9:22 PM
3 Awards
From your recitation of the facts it is difficult to determine exactly what happened. In order to determine if you were effectively disinherited from your father's estate you should have his Will reviewed by and attorney. I am unsure if your mother is alive or deceased or if she survived your father. You do not mention if either parent had a probate estate opened, or if assets passed to the survivor outside of probate. These are all important issues, as you may be a creditor of one or both estates, but you would need to file a timely claim. If your mother survived and your father left the estate to her you may be a beneficiary of her estate and then his disinheritance in his Will may not impact you, but again it is difficult to say without reviewing he relevant documents and having a complete understanding of the facts.
Answered on Sep 28th, 2011 at 12:08 PM
Glen Edward Ashman
There is no "your share of the estate." No one is entitled to anything someone doesn't want to leave them.
Answered on Sep 28th, 2011 at 10:51 AM