QUESTION

Does my sister's mother have right to any belongings since my sister is a minor or is this strictly between me and my sister?

Asked on Apr 29th, 2013 on Estate Planning - Michigan
More details to this question:
My father passed away and I'm 28 and my sister is 16. My father and sister's mother have been divorced since 1999.
Report Abuse

14 ANSWERS

Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
Update Your Profile
If Will did not appoint guardian or trustee, she may have control as the parent.
Answered on May 01st, 2013 at 12:18 PM

Report Abuse
Where did your father live at the time of his death? Did he have a will? Who is the personal representative? Minors cannot own land or hold money. If your father planned ahead and made a will or trust then he would have provided that if your sister was a minor then her share of the inheritance would be placed in trust for her. If your father had no will and if this is in North Carolina, then any surviving spouse (if your father remarried) and your father's biological/adopted children would inherit his share. However, this assumes that your father had probate assets. Not all all assets are probate assets - joint checking accounts, land owned jointly with another with right of survivorship/tenancy-by-the-entireties, life insurance or another beneficiary designated asset all pass outside probate. Since your father was divorced, the mother of your sister has no rights to anything unless there was a will that specifically made some provision for her following the divorce. Divorce revokes any provisions in favor of a spouse in a will. If there is no will and if your father did not have a living spouse to whom he was married, then his assets would pass to your, your minor sister and any other siblings. If there are only you and your sister, then you split. Since minors cannot hold property, then a guardian must be appointed for your sister and the guardian has to be bonded unless the sum of money is very small - about $1500. If there is no guardian, then your sister's share of the probate assets would be paid to the clerk of court to be held until your sister turns 18. I do not know what your father owned other than money. If the personal items are small (like photos or a coin collection), these things probably can be given to her now. I suggest that you, if you are the personal representative, consul with a probate attorney in the county/state where your father lived at the time of his death. My answers are premised on NC law only as that is where I am admitted. Each state has different probate requirements and the rules for a minor inheriting any property may differ.
Answered on May 01st, 2013 at 12:47 AM

Report Abuse
You have not given us all the relevant facts, such as whether there is a Will, who are named the heirs and to what extent, etc. If your parents wee divorced then your mother would not be entitled to anything not covered in the divorce papers. Your mother could still be your sister's personal guardian ad litem but that does not give her any right to the property, just control over it until your sister is no longer a minor.
Answered on May 01st, 2013 at 12:27 AM

Report Abuse
I take it your father had no will. In that case, his estate is divided 50% to his spouse, and 50% to his children in equal shares. If he had no wife when he passed away, then equally to his children. The fact that one child is a minor doesn't matter, although she may need some adult to hold property for her.
Answered on May 01st, 2013 at 12:15 AM

Report Abuse
Business Law Attorney serving Portland, OR
2 Awards
Somebody has to be legally responsible for the minor sister's share of the estate. If there is a Will or Trust, it can address this issue.
Answered on Apr 30th, 2013 at 11:37 PM

Report Abuse
Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
Update Your Profile
Not enough facts, to give you a suggested solution. Suggest you contact a probate lawyer for a consultation, and be prepared to pay for his time and advice.
Answered on Apr 30th, 2013 at 8:40 PM

Report Abuse
Estate Planning Attorney serving Castle Rock, CO
2 Awards
No she has no right to any property. However, as your sister's mother, she has input as the legal guardian of your sister. If your father died after the divorce, your mother has no rights to any portion of his estate unless that was part of their divorce settlement. For further guidance, you should consult with a lawyer specializing in estate matters.
Answered on Apr 30th, 2013 at 8:32 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney but if there is no will it would appear it is between your sister and yourself.
Answered on Apr 30th, 2013 at 8:29 PM

Report Abuse
No, but minors can not directly control assets so she may be involved as a custodian if no one else can do it.
Answered on Apr 30th, 2013 at 8:26 PM

Report Abuse
Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Assuming your father left no will, his estate goes equally to his children. Because your sister is a minor, her mother probably can act on her behalf.
Answered on Apr 30th, 2013 at 8:25 PM

Report Abuse
Thomas Edward Gates
The ex-step-mother does not have any rights to the estate. Since there is no spouse, the estate is divided equally between the children. If there are minor beneficiaries, their share is put in trust until they turn 18 years old.
Answered on Apr 30th, 2013 at 8:25 PM

Report Abuse
Probate Attorney serving Roseville, CA
Partner at James Law Group
2 Awards
The mother has no rights to inherit anything, but if there is money, she may be named the guardian of the money for your sister's benefit. Speak with a local attorney, many give free consultations.
Answered on Apr 30th, 2013 at 8:21 PM

Report Abuse
Probate Attorney serving Las Vegas, NV
3 Awards
If father was not married at the date of death and his estate is worth less than $100,000, then minor sister is entitled to share all of his estate with any and all siblings who were under the age of 18 when he died. If she is the only child under 18 then she is entitled to all. Under Nevada law you are not entitled to anything, given those facts. It may seem harsh, but that is the law. Since her mother is her guardian she would have custody of those items for the minor child. If there are cash accounts then the mother would need to be court appointed legal guardian of the minor's estate, or the monies may be placed in a blocked account until she is 18, if a very small amount. If those are not the facts you may want to speak with an attorney and address the facts as you know them. 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 30th, 2013 at 8:20 PM

Report Abuse
Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
Update Your Profile
Your sister's minority will not prevent her from inheriting anything. She would be entitled to the same share that you would.
Answered on Apr 30th, 2013 at 8:19 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters