[bearandcrissys]

Hi; My children are both adults whose father is recently deceased. He remarried several years ago. He was diagnosed with a brain tumor (which he had removed via surgery). The stepmother advised that he had a will which left everything to her. She received a sizeable amount upon his death from a life insurance policy. She is now asking my children to sign a paper on two vehicles which were in the decedent's name only. Since my daughter was not informed as to the exact nature of this paper work she didn't sign them. Now the step mom is threatening to take my daughter to court and sue her for the cost of the succession as well as a portion of the funeral expenses. My questions are 1. Is there any ramifications to my daughter if she does sign these papers. 2. Does this will really have any validation to cause my children to lose any portion that should be theirs.. such as a portion of the value of the home? There is not really anything else of value. Also would this will be considered invalid since it was implemented after their Dad's diagnosis -(he lost all of his short term memory and might be considered to have diminished mental capacity.
Thanks

[excon]

Hello b:

It sounds like this document she wants your daughter to sign is a "waiver" of some sort. Your daughter should NOT sign it without legal representation. Her lawyer, not only can tell her what her rights are, he can actually DO something about them.

excon

[cdad]

Hello b:

It sounds like this document she wants your daughter to sign is a "waiver" of some sort. Your daughter should NOT sign it without legal representation. Her lawyer, not only can tell her what her rights are, he can actually DO something about them.

excon

I agree. It also makes me wonder that if she already has the legal right to something why there would have to be a signature from a possible heir??

Something doesn't add up at all.

[ScottGem]

First, the benefits of an insurance policy go to the beneficiary of the policy outside the estate. So that's not an issue.

Has your daughter seen the will? If not, then her best bet is to consult an attorney to protect her rights.

[bearandcrissys]

The paper she wants her to sign is two "Affidavit of Heirship Forms" for the two vehiciles. (which were apparently in his name only) I don't believe the will was ever filed anywhere. It has been my understanding in LA that the biological children have hereditary rights to 1/2 of the home at least.
Thanks for the responses so far; I appreciate it.

[Fr_Chuck]

The issue is if the children were never adopted by anyone, and they were not named at all in the will, they may have grounds to contest the will and get a share of everything in the estate.
*** the life insurance would normally not be in the estate.

They need an attorney to review the probate of the estate and get a copy of the will

[excon]

I apologize as I accidently posted my reply three times.

Hello again, b:

It's OK. Even after three times, I STILL don't know what an "Affidavit of Heirship" form is and what it does. Have your daughter read MORE than the title of the document, then you can tell us what is SAYS.

But, if it uses the term "heirship", that's a clue that your daughter is an heir. Certainly the WIFE thinks so... So, before the assets are disposed of, and never to be seen again, your daughter needs to get going if she has ANY hope of getting anything.

excon