QUESTION
Heir issues on an estate? State of Arkansas
Asked on May 11th, 2012 on Estate Litigation - Arkansas
More details to this question:
My grandmother passed away march 1st of this year leaving my mother $100000. There was an 45 day hold on her estate (I''m not sure why?) My mother who had cancer had planned on using the money to prepay for her own funural and then had told my two aunts how she wanted what was left to be divided between me, my sister and her grandchildren. My mother passed away on April 5th, before the 45 day wait period was ended. Now the laywers are stating that my grandmothers estate has to go through probate and my mothers share has to be divided equally between my sister and me. My aunts and I have a problem with this because my mother had specified that my sister was to only get a small amount. The reason being is my sister is a meth addict and parole violation. Also I have guardianship of her 7yo daughter and have had it since she was a few days old. We know if my sister gets this large amount of money it will all be spent on drugs. Can anything be done? My mother whould never had done this.
1 ANSWER
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This is exactly why everyone needs a solid estate plan. You can't just tell your family what you want. You must get an experienced estate lawyer and write a plan. If you don't get it written and properly legalized, you or anyone you told won't have a say -- your state law will determine what happens to your estate.
Yes, your grandmother's estate will be probated first and, since your mother is not living, what is left after paying debts and taxes will be divided as the law states. In your case, your mother's share should be split equally between you and your sister.
However there may be something you can do to help apply what you mother intended:• You could apply in Court to get guardianship over your sister and thus have the authority to make all her decisions, or • You could hire a family lawyer and sue your sister for child support on behalf of the child you are raising. If you win, you may be able to get part of her inheritance for her child.
And now, you and your aunt and your sister should get your own Arkansas estate plan attorneys and set up your estate plans to avoid similar or worse situations when your time comes. Then make the time to update your plan every 5 years or when you have a major life change - for instance when you marry or divorce, have another child, or your sister's minor child becomes 18.
To Your Success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 25th, 2012 at 1:54 PM