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