[Dans Daughter]

My dad became executor of his parents' estate in February 2008. It's a small farm and on her death bed grandma made dad promise not to put the property for sale until my cousin, who was living there, graduated from high school. Said cousin has recently dropped out of school and moved out. His father still resides there as does another uncle who lives there illegally in a trailer in a side field.

In about October of 2008 dad changed his will and assigned my aunt as the executor of that estate in case of his death. Dad died on December 28, 2008. Aunt has since gotten a lawyer to transfer my grandparents' affairs to her name. Dad is survived by my step-mom and she's taking care of their affairs and has rightfully turned over all the papers to my aunt. I don't know if it make a difference but Dad was a resident of and passed in Oregon. This aunt is in Los Angeles, property is in Redding, CA. My dad has 4 surviving siblings.

My brother and I were told by two different people that when this happens the inheritance goes to the children and not to the surviving spouse. There is no argument between our step-mom and us - we are all willing to do whatever law dictates. The Aunt has asserted that she's giving it to our step-mom. What does the law state in this case?

THANK YOU!

[Fr_Chuck]

1. death bed requests are nice but not legally binding, there was no reason to not do something with the property

2.The grandparents estate should have been closed long ago, but since it has not, it needs to go though probate to close, since your father was living at the time of the grandparents death, he is still the one to inherit it.

Next did anyone have a will, that is a big issue.

But first the estate of the grandparents has to be completely settled, if your dad had brothers and sisters they would get shares of the farm also if there is no will.

Then and only then, can your fathers estate be settled.

You and your family need a probate attorney ** actually your dad needed one in 2008.

Normally the wife will get a share of the estate.

[JudyKayTee]

Don't "go by" with two people said - retain an Attorney. This is complicated (as Fr_Chuck said, deathbed bequests and promises are meaningless and unenforceable). You need legal advice from an Attorney who has all the facts and understands the circumstances.

[Dans Daughter]

I appreciate the input so far. I also appreciate the advice that I/we get a probate lawyer. However if this inheritance isn't going to me and I've really no say and nothing to do with the issue then I certainly don't need a lawyer.:) This is what I'm trying to find out.

Yes, my grandparents had a will. It stated that my dad is executor and that everything be split equally among their 5 children.

My dad's will left specific heirlooms to my brother and I and all financial assets to his wife. None of that is in dispute. There is also no dispute with my aunt that she will get dad's share of the inheritance - should it go to her rather than my brother and I.

As for respecting her death bed wish... no one was upset by the wish. We've been an understanding family (so far). The reality is that the time has come according to the time limit given and this aunt really didn't want the mess, doesn't really need the money and feels sorry for her brothers (both unemployed addicts) and isn't in any rush. The rest of us (no matter to whom it goes) need the money.

I was trying to leave the ickey mess out of my post and just find out if it goes to dad's wife or his kids. :confused:

[JudyKayTee]

Maybe it's been a long day and I'm not reading this right - if by Will all of your father's property went to his wife, what is the question?

When you say "when this happens" I don't know what you're referring to.

[Dans Daughter]

So back to my request for "What does the law say?"... is this actually my father's property? Or is it still my grandparents' estate... and is there a law that says that should the child die before (s)he receives his/her inheritance it goes to his/her children? Worded differently it could say that the split would then go to the grandchildren... descendents... children of...

I would imagine that if it says "next of kin" that would be my step-mom. This is exactly what I'm trying to find out.

[JudyKayTee]

The Will by which your Father inherited could have been written several ways - if he predeceases his share to (A) his widow; (B) his children; (C) his share divided among his other siblings and nothing passing to his widow and/or children.

The legal definition of next of kin is BLOOD relatives. Your stepmom, of course, does not qualify if that is the test.

[ScottGem]

1) From what you said your grandmother died last. Their wills have to be probated and disbursed. Assuming that they each specified there estates be divided among the 5 siblings, then that is what needs to be done. If the grandsparents estate has not bee settled a new executor for that estate needs to be appointed. Your aunt has not right to transfer any assets into her own name. She is not the executor of your grandparent's estates unless appointed by the probate court.

Your aunt is the executor of your father's estate. And therefore bound to distribute his estate according to his will (you DID state that your father had a will). So the only thing you should be concerned about is the terms of your father's will. If he wanted to leave it all to his wife that is perfectly legal. One can't completely disinherit a spouse leave everything to a spouse and nothing to children.

The remaining 3 siblings (assuming the aunt is one of the 5 children of your grandparents) are the ones that should be concerned about your aunt's actions in respect to the grandparent's estate.

As for your grandmother's request, since the cousin has moved out, that request is moot and the house can be disposed of.

[Dans Daughter]

Dear Scott,

You asked for a reply...

No, My grandfather died first a few years ago. Grandma followed in Feb 2008... then Dad in Dec 2008. I haven't seen my grandparents' will. Do I have a right to ask to read it to check the wording? That sounds like it's part of the issue. What Dad told me is that it was to be split evenly between them. I don't know the exact wording. Dad was executor of that will and none of his siblings offered to help with ANYTHING.

About one month before his own death Dad changed some things on his will. He "assigned" my aunt as the executor of their parents' will (my grandparents). Somehow she got a lawyer and was able to transfer all the checking account and stuff into her name so she can keep up payments and stuff. Yeah, deadbeat uncles are living there scott free and even submit 35 cent receipts for gasoline to mow the lawn!! :mad:

Dad also changed his will that should he outsurvive his wife, that I'd be executor. That wasn't necessary. I mean I stayed a long while, helped out as much as I could, but have no legal rights there (right?) and I respect that. It all went very smoothly.

:confused:One can't completely disinherit a spouse leave everything to a spouse and nothing to children.

That sentence confused me. Could you please explain what you meant by it. Thanks!

Yeah, my other aunt and uncles should be concerned. The other aunt is and it's getting ugly. My brother also has had words with aunt and she just told him that none of it is his concern as it all goes to my step-mom. This is one of the reasons I'm trying to find out. If she's right and it's not our concern then we walk away and let them deal with their own mess. If we have a vested interest then we need to act accordingly. Thus this post.

As for the request... so is there some way to enforce that the property go up for sale? Does she have a legal right to say that she feels sorry for the uncles as they'd have no place to go (which I realize is so illogical because their inheritance amount would set them pretty well!) and just NOT put it up for sale? I know that Aunt #2 would be very interested in the answer to that question as are my brother and I if it's our right to assert that she move the process along.

Thanks for your help!

[ScottGem]

First, That sentence that confused you was a mistake. It sshould have read; One CAN leave everything to a spouse and nothing to the children.

Another thing you have to understand is that wills are individual. So what matters is your GRANDMOTHER'S will. Since grandpa died before her its only her will that is an issue. You need to keep the individual wills separate in your mind.

So lets first tackle grandma's will/estate. If Dad was the executor, the siblings can't really help with much. Only the executor can make decisions concerning the estate. Dad should have had Grandma's will probated (so you can check in probate court for a copy) and an estate account setup so the estate could be managed.

When Dad died someone else needed to be assigned as executor of grandma's estate. I'm not sure whether this would be done in a will or registered in probate court. But once he died, all your aunt had to do is have her replace your dad on the estate accounts. Nothing should have been transferred to her name. It sounds like that's what was done, but you are unclear on that point. But you have no standing there. It would be the other 3 siblings who need to demand an accounting of the estate.

But as executor of her mom's estate, your aunt can choose to allow the uncles to remain there and even pay them to maintain the property. Maybe she feels that this is not a good time to sell. Of course the other siblings could challenge this and force her to dispose of the property so the estate can be settled. Depending on the nature of the estate, maybe the other siblings could be paid from other assets and the uncle could get the house (by the way is SCOT free, only one T).

So now we get to your dad's estate. This is almost totally separate from everything else. The only link is that his estate can't be settled until his inheritance from his mother is settled.

If he left everything to his spouse, then she can do with it as she wishes.