How will my mother's assets and estate be split among the members of the family? 11 Answers as of July 08, 2013

There are four children in my family. Mom transferred 1/2 of her house to one sibling for $100. Her will says 4-way split for estate/assets. Where does that leave 3 other siblings?

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Harville-Stein Law Offices, LLC
Harville-Stein Law Offices, LLC | Dean D. Stein
.If the transfer of 1/2 of Mom's house is valid,or goes uncontested, then that 1/2 isyour siblings and is"outside" of Mom's estate. If her Will provides afour way split of all assets, then that sibling will also now own 1/4 of the 1/2 that Mom still owned, as well as 1/4 of everything else.
Answer Applies to: Alabama
Replied: 1/20/2012
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
You need to review the deed regarding the transfer of your mother's house to your sibling. If she transferred it to herself and your sibling, as tenants in common, then your sibling owns one-half, and only your mother's half will be split between the four of you (absent any other provisions in her Will). If she transferred the house to herself and your sibling as "joint tenants with rights of survivorship", then at your mother's death, the property belongs to your sibling, and you and your other siblings would not have any rights to the house.
Answer Applies to: Florida
Replied: 1/19/2012
Geoff Germane, Attorney at Law | Geoff Germane
An argument might be made that the transfer of the interest in the house was meant to satisfy part of all of that child's share of the estate, but it is also possible that the circumstances surrounding the transfer would cause this to be excluded from the division and the rest of the estate would be divided into four equal shares.
Answer Applies to: Utah
Replied: 1/19/2012
THE HUBBARD LAW FIRM, P.C.
THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
Your mother's Will, when authenticated and admitted to probate will authorize someone to act as personal representative of her estate. Her probate estate will consist of that property that remained in her name at the time of her death and did not have some other mechanism (such as joint ownership, beneficiary designation or transfer on death designation) by which the property would be transferred. Your question does not provide enough information so I cannot tell about the house. Unless there is some indication in the will about reducing the share of the sibling that received property from your mother prior to her death, that sibling will get a full share of the probate estate. You should consult an attorney and fully acquaint the attorney with all the facts. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.
Answer Applies to: Michigan
Replied: 1/19/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Only those assets that are in your mother's name alone will be split. The of the house now belongs to the one sibling. Although that transfer might be suspect as it was not for full value (I assume of the house is worth well more than $ 100.00). Her Will only controls those assets that are still in just her name on the date of her death. So the one sibling who has of the house also will get of the other in your mother's name, i.e. 1/8th. And that sibling will get a 1/4th share of everything else.
Answer Applies to: Iowa
Replied: 1/18/2012
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The 1/2 given to your sibling is his. The remaining interest will be distributed according to the terms of the Will. The Will can only deal with property that your parent owned at death.
    Answer Applies to: Georgia
    Replied: 1/18/2012
    Law Office of Matt Potempa, PLLC
    Law Office of Matt Potempa, PLLC | Matt Potempa
    This question requires an examination of your mother's will and the deed to her home in order to determine the rights of her heirs.
    Answer Applies to: Tennessee
    Replied: 7/8/2013
    Berkman,Henoch,Peterson,Peddy & Fenchel P.C.
    Berkman,Henoch,Peterson,Peddy & Fenchel P.C. | Rudolf Karvay
    Assuming that the other half interest in the house is owned by your mother, the value of the half interest would be divided among the four children as stated in the will.
    Answer Applies to: New York
    Replied: 1/18/2012
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    That is a complicated issue. A review of both the Will and deed are necessary, in addition to any other writings addressing the issue. You should bring the documents to address with an attorney.
    Answer Applies to: Nevada
    Replied: 1/18/2012
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    Each would get one-fourth of the assets she didn't transfer or set up with pay on death beneficiary designations.
    Answer Applies to: Oregon
    Replied: 1/18/2012
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    If she transferred the house prior to her death, it is not a part of her estate and will not be divided among the 4 children unless it was a fraudulent transfer or she was not competent to make the transfer. The will only governs property that is in her estate (life insurance or bank accounts with Pay on Death or JTWROS) are not included in her estate.
    Answer Applies to: Alabama
    Replied: 1/18/2012
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