QUESTION
What are the sons right on father's property if will states only one son will inherit?
Asked on Jul 12th, 2013 on Estate Planning - Florida
More details to this question:
Four sons are there and father has given all property to one son under a will. Do the other brothers have a right on the property after death of father if mother is alive?
14 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If mother still living and he has bypassed gifts to spouse, spouse can file for elective or spousal share. However, barring that, if all left to one son, others do not get anything. Not their right to inherit, decedent is decision-maker on who gets their estate at death.
Answered on Jul 24th, 2013 at 1:34 AM
If the Will is valid then the other three sons can be disinherited. Take the Will to a lawyer specializing in estate planning for more information.
Answered on Jul 24th, 2013 at 1:34 AM
2 Awards
If mom inherited from dad first, yes. If it is community property 1/2 is mom's for sure. See an estate attorney to discuss all of the relevant facts to determine the rights of all the parties.
Answered on Jul 24th, 2013 at 1:34 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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As long as children have attained the age of 24 and are not disabled at the time of the decedent's death, they are not entitled to inherit from him, and the property can be disposed of in a will.
Answered on Jul 24th, 2013 at 1:33 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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First, if mother is still alive, she may have survived to the property by right of joint tenancy title. Second, assuming your mother is not alive, the father would have specifically disinherited the remaining sons to the exclusion of the son who inherited.
Answered on Jul 24th, 2013 at 1:33 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Mother may be entitled to continue living in the property for a period of time. If she is there, I can't imagine a justification for not allowing her children to visit her. They have the same rights as any other guest of an occupant of property.
Answered on Jul 24th, 2013 at 1:33 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The property will be distributed according to the will. Anyone can contest the will by filing a petition in probate court.
Answered on Jul 24th, 2013 at 1:33 AM
Thomas Edward Gates
Only the identified son in the will benefits. The other sons would have to show that the will is defected to inherit anything.
Answered on Jul 24th, 2013 at 1:33 AM
In Oregon, a parent may disinherit his children entirely if he wishes. He cannot entirely disinherit his spouse. It may not have been done effectively, so it may be a good idea to have an attorney review the entire situation.
Answered on Jul 24th, 2013 at 1:33 AM
A parent can distribute his or her assets as he or she chooses. However, most states have statutes that permit a small portion of an estate be directed to a surviving spouse and minor children, no matter what the will says. Unless you can show that your father was unduly influenced by the one son who stands to inherit, you may not have any claim to the property.
Answered on Jul 24th, 2013 at 1:33 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Not unless there were assets held jointly with the other sons or they were designated as beneficiaries. Otherwise, they are out of luck.
Answered on Jul 24th, 2013 at 1:33 AM
The surviving spouse may have rights herself to the property the father is distributing. But if the mother is not married to the father, she has no rights unless a divorce decree states otherwise. As for children, minor children have rights to parents property; however, adult children have no statutory rights. With that said, if there was undue influence and the one son had his father change his will and leave everything to him, then there may be a cause of action.
Answered on Jul 24th, 2013 at 1:33 AM
The father may will his property to whomever he choses. If he co-owns property with the mother, he can only will his one half.
Answered on Jul 24th, 2013 at 1:33 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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The wrinkle here is the mothers rights in the property..if papa has given all his property to one son that is his right and the other sons have no rights after he dies. However if mama retains rights in the property that is the question mama may have dower rights over real property so.
Answered on Jul 24th, 2013 at 1:33 AM