QUESTION
iF MY SISTER NAMED ME, HER SISTER AND HER HUSBAND NAMED HIS BROTHER BECAUSE OF NO CHILDREN BETWEEN THEM , AND MY SISTER DIED FIRST DOES HE STILL HONOR
Asked on Jan 21st, 2021 on Estate Planning - California
More details to this question:
MY SISTER NAMED ME HER SISTER AS HER BENEFICIARY TO HER HALF OF THE ESTATE. HER HUSBAND NAMED HIS BROTHER AS BENEFICIARY OF HIS HALF, BECAUSE THEY HAD NO CHILDREN. MY SISTER DIED FIRST DOES HE STILL HAVE TO HONOR HER WISHES
2 ANSWERS
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Yes, he has to follow the instructions in their estate plan documents. Your rights as a beneficiary to your sister's estate would depend upon the terms of the estate plan. You should consult with an attorney to review the estate plan and advise you as to your rights and options.
Answered on Jan 22nd, 2021 at 8:27 AM
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Absent a court ruling or a court-approved family settlement agreement, a Will can only be amended by the person who wrrote it. Whether, after your sister's Will is probated (proved to be her Will), you can force a buy-out or partition or whether the husband has a lifetime right to live in the home varies by state. Consult your probate lawyer.
Answered on Jan 22nd, 2021 at 5:12 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.