If my brother has been separated from his wife for 8 years, what rights would she have to our mother’s estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my brother has been separated from his wife for 8 years, what rights would she have to our mother’s estate?

Our mother is still living and is 94 years old. Since my brother is living with her she put her house in his name. If either one of them should die, would his wife be entitled to the house and any other inheritances that would have otherwise gone to my brother and my sister and myself?

Asked on May 20, 2015 under Estate Planning, Ohio

Answers:

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

Answered 5 years ago | Contributor

You are doing some estate planning and that is always a good thing.  Let me understand: the name on the deed is his alone?  Then is your Mother should pass the house is in his name already so it is his.  It is not considered part of her estate.  If, however, he should pass then it will be part of his estate and his wife would be entitled to a portion of his estate regardless.  If both their names are on the house and he should pass, his portion goes in to his estate and she would still get a potrtion.  Only divorce or some agreement distributing assets would cut her out.  I strobgly suggest you seek help from some one asap.  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 with SHA-256 Encryption