My wife’s grandma lives in a community property state and she has certain items to be left to her in her grandma’s Will, can she be cut out of her inheritance?

Get Legal Help Today

 Secured with SHA-256 Encryption

My wife’s grandma lives in a community property state and she has certain items to be left to her in her grandma’s Will, can she be cut out of her inheritance?

The items include a portion of her house, some money in a joint account and a vehicle. Now, she is being told that her grandpa may sell the house and split the proceeds between his 2 children.

Asked on November 24, 2014 under Estate Planning, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Normally, a will controls: if it was validly and properly executed, then the deceased assets have to be distributed according to it. However, if the house was owned jointly by the grandma and grandpa, then he became the owner of it on her death--it did not pass by the will, but rather became the sole property of the living joint owner. If that were the case, then he could legally (as the owner) decided what to do with it.

If he did not own the home jointly with grandma, then your wife has to get the share or portion of the house willed to her. If someone attempts to thwart that, you wife could bring legal action (she should hire a lawyer to help her) to enforde the terms of the will.


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