Dispersal or distribution of funds directed by a will.

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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