How do I claim my portion of my father's estate? 4 Answers as of September 28, 2011
My husband and I were asked by my mother to help keep the 57 acre farm from being foreclosed due to her gambling addiction. She was unable to re-finance at that point. I have 4 other siblings who were unable to help, so my husband and I were living on the farm to help my folks since their health was failing, with a new loan of $190,000. We had to pay off our 2 vehicles at $40,000, which is included in the loan amount in order to obtain the loan. My mother had a power of attorney for my father, who did not know what was happening, but my mother said he knew. After about 6 months, my father learned of the situation, and got very upset as I would be too. So my father went to an attorney, made a will which excluded me. M y mother had CHF (congestive heart failure) and dementia and was instructed to sign over her part of the estate. My father passed away approx 1 year ago. Does the estate then revert back to the surviving spouse? And would I be able to claim my portion of the estate?Free Case Evaluation by a Local Lawyer!
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Wiegandt& Doubles | Malcolm Doubles
Your father's will controls. You may not have an interest unless you can show some lack of competence on his part. A parent can disinherit a child.
Answer Applies to: Virginia
Replied: 9/28/2011
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
Your father's estate goes to whomever he listed in his Will. If he listed your mother, and she is still alive, then it reverts to her. You will need to review the Will in order to know who gets what.
Answer Applies to: Florida
Replied: 9/28/2011
Goldsmith & Guymon | Dara Goldsmith
From your recitation of the facts it is difficult to determine exactly what happened. In order to determine if you were effectively disinherited from your father's estate you should have his Will reviewed by and attorney. I am unsure if your mother is alive or deceased or if she survived your father. You do not mention if either parent had a probate estate opened, or if assets passed to the survivor outside of probate. These are all important issues, as you may be a creditor of one or both estates, but you would need to file a timely claim. If your mother survived and your father left the estate to her you may be a beneficiary of her estate and then his disinheritance in his Will may not impact you, but again it is difficult to say without reviewing he relevant documents and having a complete understanding of the facts.
Answer Applies to: Nevada
Replied: 9/28/2011
Ashman Law Office | Glen Edward Ashman
There is no "your share of the estate." No one is entitled to anything someone doesn't want to leave them.
Answer Applies to: Georgia
Replied: 9/28/2011
