Dispersal or distribution of funds directed by a will.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Dispersal or distribution of funds directed by a will.

We are listed in my father’s will as being recipients of funds from the proceeds of the sale of his home. His widow occupied the home until her death and then the home was sold. Her sons are executors of the estate. They don’t believe we have anything forthcoming. What can we do? We have approached them about it and they feel there is nothing more that we have coming.

Asked on August 27, 2018 under Estate Planning, Minnesota

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss and for the situation.  How the house was held and how the Will reads matters here.  If the house was held with rights of survivorship from one spouse to the next then it passed to his wife at the time of his death and HER will (or intestacy statites that apply to her if there were no Will) would govern.  If it was held in your Father's name and the Wife was given a life estate only or if they did not hold it with rights of survivorship then yes, you would receive a share.  Generally married couples hold with rights of survivorship and there is special wording for married couples and deeds in many states.  I would bring his WIll and a copy of her probate estate papers (they are public record and you should be able to get them) to an attorney to review on your behalf.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption