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


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.

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