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tnhillbilly_36 · May 28, 2010, 06:16 PM

Is my dads will legal and binding because its what he wanted and my mom wasn't able to make one for herself

Wondergirl · May 28, 2010, 06:24 PM

Who benefitted from his will?

tnhillbilly_36 · May 28, 2010, 06:31 PM

Me and my brother and his grandson I have 3 more brothers butt he didn't want then to have nothing because of the way they treated mom and him

Wondergirl · May 28, 2010, 06:38 PM

Was your mom in his will?

Have the assets your father left been divided up according to his will?

tnhillbilly_36 · May 28, 2010, 07:02 PM

Yes my mom was I just wanderd iff his will would be legal now he left land and personal things to me and my brother and gave land to his grandson my mom had all of it because she was his wife I was wondering iff his will could be inforced because mom couldn't make one

tnhillbilly_36 · May 28, 2010, 07:04 PM

The three others dad didn't want to have enything now wants to sell everything that's why I wanted to no

Wondergirl · May 28, 2010, 07:07 PM

Originally Posted by tnhillbilly_36

yes my mom was i just wanderd iff his will would be legal now he left land and personal things to me and my brother and gave land to his grandson my mom had all of it because she was his wife i was wondering iff his will could be inforced because mom couldnt make one

So nothing was divvied up after your dad died? Did your mom get everything as his spouse?

Why wasn't your father's will read and dealt with?

Do you have the original will or just a copy?

JudyKayTee · May 29, 2010, 06:26 AM

This isn't making sense to me - everything would be distributed according to your father's will. Whether your mother had a will at that time is meaningless.

If the estate was NOT settled, property NOT distributed, his Will would have to be followed first, followed by settling your mother's estate.

When your mother died everything would be distributed according to HER Will OR (because she didn't have a Will) according to your State's statute concerning people who die intestate (without a Will).

Your mother's estate will be divided by State Law (usually an equal percentage to each child) and a portion given to EACH child (none left out). Your father's Will is meaningless and your mother's estate is controlled by State Law.

A child cannot be left out when a person dies without a Will intestate), no matter WHAT the person who died thought or said about including or not including any or all children.

Your father's wishes, written or spoken, do NOT control your mother's estate.

Fr_Chuck · May 29, 2010, 07:06 AM

Ok, the property of your dad, needed to be divided according to his will at the time of his death. And it has to be divided before your mom's estate.

Your moms estate will get everything the fathers will was to leave to her. Since she did not have a will, her estate, what she owned and what the father will left to her, will then latter be divided to the legal heirs according to state law.

Wondergirl · May 29, 2010, 07:50 AM

Could the father have said in his will that he leaves x, y,and z parts of his estate to a. b. and c children, and nothing would go to to his wife (their mother)? Or, despite whatever his will said, she, as his spouse, would inherit his estate anyway and then, when she died, her estate would be distributed as she willed it, or, if no will, by state law?

JudyKayTee · May 29, 2010, 08:05 AM

Originally Posted by Wondergirl

Could the father have said in his will that he leaves x, y,and z parts of his estate to a. b. and c children, and nothing would go to to his wife (their mother)? Or, despite whatever his will said, she, as his spouse, would inherit his estate anyway and then, when she died, her estate would be distributed as she willed it, or, if no will, by state law?

#1 of your question - All State laws require that the spouse get SOMETHING from the marriage partner's death - in NYS it's 33% of everything that is not in otherwise joint names (with another person), everything that does not have a specific beneficiary - plus one vehicle. You can write a Will specifically excluding your spouse and the spouse, by law, collects whatever that State's laws allow (a percentage).

You cannot disinherit a spouse (even if you are in the process of divorcing).

#2 - I'm not sure what you mean by "Or, despite whatever his will said, she, as his spouse, would inherit his estate anyway and then, when she died, her estate would be distributed as she willed it, or, if no will, by state law?" If he had no Will (although he did), yes, by State law she would inherit everything. It was then hers to dispose of during her lifetime. When she died, yes, her estate would have been distributed according to her Will or, if intestate, according to State Law - divided among her direct descendants equally.

To answer OP's question in another fashion - I could write a Will and say I am leaving everything to Wondergirl but when she dies I want her to leave everything to two of her children but nothing to the third. My husband would take his 1/3 and you would get the other 2/3's BUT my Will does NOT bind you to the "... everything to two children" part.

I cannot control you from the grave. Once you inherit, it's yours. What I thought or wanted is immaterial.

We are talking about Wills, of course, and not trusts which CAN control from the grave.

And don't get excited - I'm taking it all with me.

Did I cover it?

Wondergirl · May 29, 2010, 08:37 AM

Originally Posted by JudyKayTee

I am leaving everything to Wondergirl....And don't get excited - I'm taking it all with me.

Did I cover it?

Yes, you cover it very nicely! Thank you.

About leaving everything to WG -- good thing I don't have a heart condition.

tnhillbilly_36 · May 31, 2010, 09:26 AM

My dad gave his picup and guns to his grandson in his will his will was probated can eny one take that away from him now

tnhillbilly_36 · May 31, 2010, 09:29 AM

I don't want enyone to take it from him my mom and dad raised him can they do that

Fr_Chuck · May 31, 2010, 01:33 PM

Normally if the will went though probate and probate was finaled then the items are his, if he took them before the court heard the probate case, nothing is for sure

JudyKayTee · May 31, 2010, 02:14 PM

If the estate has been closed by the probate court, no, no one can challenge anything, nothing can be changed, transferred, taken away.

AK lawyer · May 31, 2010, 08:54 PM

Originally Posted by Wondergirl

Could the father have said in his will that he leaves x, y,and z parts of his estate to a. b. and c children, and nothing would go to to his wife (their mother)? Or, despite whatever his will said, she, as his spouse, would inherit his estate anyway and then, when she died, her estate would be distributed as she willed it, or, if no will, by state law?

Evidently the OP is from Tennessee. The spousal elective share in that state is as follows:

If the decedent and the surviving spouse were married to each
other:
The elective-share percentage is:
less than 3 years 10% of the net estate
3 years but less than 6 years 20% of the net estate
6 years but less than 9 years 30% of the net estate
9 years or more 40% of the net estate

(table is for years the spouse was married to the decedent (OP's father)).http://www.michie.com/tennessee/lpex....htm&cp=tncode