QUESTION
What is my Sister's Entitlement if she is not named in her husbands will?
Asked on Jun 01st, 2011 on Estate Planning - Georgia
More details to this question:
My sister was married in early April. Her husband (J) died in a motorcycle accident 3 weeks later. He never changed his will to include her. It appears everything goes to his 3 grown children. Also, he never probated his 1st wife's will. J has nearly a $1 million annuity, two homes and three timeshare. My sister was told that all she is entitled to is 1/2 of his pension and his Social Security when she turns 67 (in 8 years). A friend told her that since she is not mentioned in J's will she is still entitled to a large share of everything and that the courts will not allow her to receive next to nothing. What action should she take?
3 ANSWERS
Theodore W. Robinson
Your sister has a "Right of Election" which means she can "elect" against the Will to the extent of 1/3 plus $50,000. or 1/2 if there is only one child plus $50,000. However, if there is an insurance policy, the named beneficiaries receive the proceeds of that, since it passes outside of the Estate. The best advice is for her to immediately consult with a qualified Estate lawyer local to her and follow through with asserting her claims against the Estate. That will usually result in some negotiations between her and the prior children and a settlement will most likely result. Of course, there can be other difficulties with the title on all the properties which would also pass outside the Estate if they were in joint names. If the other estate was not probated, then it may have to go through his estate. Good luck.
Answered on Jun 03rd, 2011 at 2:11 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
This is a complicated issue, generally a spouse is entitled to the jointly held assets and a life estate in the home. Certain other government benefits depending on the length of the marriage and have have some rights created by contact. In addition, if elected timely, the spouse may claim an elective share instead of the probate assets. In Florida, this is 30% of the elective estate, which again is different than the assets subject to probate. Your Sister should contact a Florida Estate Planning Lawyer to review the assets, options, and help guide her to make the decision that makes the most sense for her.
Answered on Jun 03rd, 2011 at 9:21 AM
Glen Edward Ashman
Every day she talks to friends and does not hire a lawyer hurts her case. She needs a lawyer immediately. She may have a right to years support and other means of getting some of the estate.
Answered on Jun 02nd, 2011 at 12:50 PM