If my father died and left my brother and I 1/2 his estate and left the other 1/2 to our stepmother, do I have to wait until her death to get anything?

The assets are in all of our names – bank accounts, CD’s, farm.

Asked on June 23, 2014 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  This is not an easy question to give guidance on in this forum.  How the Will is written and if your step mother was left enough under the law in your state is an issue and must be addressed by reading the Will and speaking with an estate attorney.  The Executor of the Will should be the one to do this so that he or she can anticipate estate litigation. Generally the assets that can be split will be and disbursed. So bank accounts, etc. don't need to be in all of your names.  Real property is a different story and you need to speak with a lawyer about that matter. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.