If my mother-in-law was named personal representative of her husband’s estate, is she entitled to money if she is not named in the Will?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my mother-in-law was named personal representative of her husband’s estate, is she entitled to money if she is not named in the Will?

They were not together at the time that he died- separate nursing homes. Her husband had a will. Her husbands daughter wants her to sign a paper that would name her personal representative. Should she sign the paper? She has a heart condition and we are concerned for her health.

Asked on April 30, 2013 under Estate Planning, Oregon

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

As his spouse, she is entitled to an elective share regardless of whether she is named in the will. The amount of the elective share varies from state to state. It is up to her whether she wants to try to claim the elective share. Since her health is not good, it may actually be better for her to let the assets be distributed according to the will (instead of having them pass twice: first to her, then to her heirs). Also, if she has the assets, she may no longer qualify for Medicaid to pay for her nursing home. She should talk to an estate planning lawyer about this.

Being the personal representative does not entitle a person to an inheritance, it just means the person is responsible for distributing the estate. However, a personal representative can be paid from the estate for the time they spend doing the job. Your mother-in-law may not want to take on the responsibility of being personal representative, especially if her health is poor.

 

 


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