Can we go back after mother died two years ago, dad left children out of will and enforce legal separation (no will) two years? 17 Answers as of October 23, 2012

Dad was wealthy, will I believe has left me only 5%, Grandchildren got 80% of everything. Dad died last Saturday.

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Law Offices of Gerald A. Bagazinski
Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
You probably can. We would need more information and be able to examine documents to understand the issues.
Answer Applies to: Michigan
Replied: 10/23/2012
Law Office of Pamela Braynon | Pamela Y. Braynon
I'm not really getting the full gist of this question, however I do know that there is no such thing as a legal separation in the State of Florida and has not been since the mid-1960s. If your mother had no will, she died intestate and the state of Florida's intestate statutes will come into play for her estate. Your dad's will can be probated and the court's are obligated to follow his will unless there was some type of coercion that occurred with your dad's will that can be proven.
Answer Applies to: Florida
Replied: 10/23/2012
Frederick & Frederick PLC | James P Frederick
No. Most likely, when mom died, all of the assets became the property of dad. If this happened, then there was nothing to pass under mom's Will, at all. In the unlikely event that mom DID have assets in her name alone, then her estate would have had to be probated. If this was the case, then I would review her Will with a lawyer.
Answer Applies to: Michigan
Replied: 10/23/2012
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Your question appears to depend upon if the assets were actually separated and if the separation was effectuated. This is a complicated issue. I suggest that you sit down and have a consultation with an attorney who can review the legal separation documents, any wills signed by either parent, etc.
Answer Applies to: Nevada
Replied: 10/23/2012
James Oberholtzer, Attorney at Law
James Oberholtzer, Attorney at Law | James Oberholtzer
It is important that you deal with this problem immediately. The rights of everyone could be determined by what you refer to as a "legal separation". Was this pursuant to a written agreement Or a court order It is essential that you consult with an attorney to determine your rights. Best wishes,
Answer Applies to: Oregon
Replied: 10/23/2012
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    I understand you to say that first Mom died with no will. That means that all community property goes to Dad. If she had any separate property, and if you were her only child, you are entitled to half of the separate property. If she had any separate property, and was survived by two or more children, (or by one and the surviving descendants of predeceased children, then two-thirds of the separate property goes to the issue.
    Answer Applies to: California
    Replied: 10/23/2012
    Danville Law Group | Scott Jordan
    I am sorry for your loss. Do you have some reason to believe the will does express your father's wishes? Did he change the will after your mother passed? Was somebody influencing your father to make any changes? You can challenge the will, but you would need to prove undue influence, financial elder abuse or fraud.
    Answer Applies to: California
    Replied: 10/23/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You need to file a petition in the probate court to administer his estate immediately. This way you will determine who is entitled any part of the estate. Get yourself a probate litigation lawyer/attorney ASAP.
    Answer Applies to: California
    Replied: 10/23/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Talk with a probate attorney. If Dad left children out of the will there may be a way to set the will aside.
    Answer Applies to: Nevada
    Replied: 10/23/2012
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    The question cannot be answered as it is completely unclear.
    Answer Applies to: Michigan
    Replied: 10/22/2012
    Olson Law Firm | Edward M Olson
    There are many different provisions of the probate code (now known as Estates and Protected Individuals Code... or EPIC) which may come in to play here. If your Dad was wealthy, it is important to hire an attorney right away and find out about the assets before they all start to disappear.
    Answer Applies to: Michigan
    Replied: 10/22/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You will not be able to retroactively divorce your parents (separation would not have an effect on spousal right to estate). If the property your dad owned at death was in fact his, he had the right to leave it to whomever he wished. If the will itself is valid, you have no recourse.
    Answer Applies to: Minnesota
    Replied: 10/22/2012
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    I'm not sure what you're trying to accomplish, or exactly what you're asking, based on your question. In Maryland, your father's will will govern what happens unless you can prove he was incompetent (lacked capacity), he was unduly influenced, there was fraud, duress, etc. when he executed his will. If your father left you 5% in his will, then you have not been left out of the will. If he has other children not mentioned in the will, then those children may want to investigate why they were not included, though your father did not have to include them.
    Answer Applies to: Maryland
    Replied: 10/22/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    If you Dad did not comply with the terms of a Trust when your Mom died and assets were suppose to be divided then, it is possible to fix all of that now. If there was a Will done by your Mom and she left everything to your Dad, then your Dad can do what he wants in his Will or in his Trust. The documents and facts need to be obtained to be able to give any advice.
    Answer Applies to: California
    Replied: 10/22/2012
    Whiteford, Taylor, & Preston | Edwin Fee
    The questioner needs to clarify what they mean by "enforce legal separation (no will)."
    Answer Applies to: Maryland
    Replied: 10/22/2012
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Wait until the will is read or probated. If you are not happy with your share, talk to an attorney. If the will is valid you will only get what was given to you.
    Answer Applies to: Michigan
    Replied: 10/22/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    If he died with a valid Will and he was competent when he created his Will then the terms of the Will should be followed. Giving grandchildren the majority of the estate in wealthy estates is not uncommon. It is call "generation skipping".
    Answer Applies to: Georgia
    Replied: 10/22/2012
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