What is the law regarding an inheritance dispute? 4 Answers as of May 03, 2011I have one brother who has lived off our mother his entire life and never worked to support himself or his 2 children. He is responsible for losing all of her money and he has alienated her from both me and my siblings to such an extent that we believe she now intends to leave her entire estate/home to him and his kids, including a large life insurance policy. Before this estrangement, her estate was to be divided equally among us. What can we do about this prior to her death and after she dies will we be able to sue? As heirs, do we have the right to "sign off "on a will? His name is not on the deed but he is the sole beneficiary of the insurance policy and is her executor. She is not in ill health, nor is she senile.
Theodore W. Robinson, P.C. | Theodore W. Robinson
You have a right to contest the Will once she is gone, but not before. However, if she is not of unsound mind and she wants to give her money to your sibling, that is her absolute right. Perhaps she has a different take on why she wants to give him more money than the rest of you and your siblings. The same holds true of the beneficiary status under the life insurance policy. No, you don't have to sign off on her Will. It's entirely her business and nobody else's what she does with her estate. Sorry. Good luck.
Answer Applies to: New York
Law Office of Sam Levine, LLC | Sam L. Levine
Be sure to be on the lookout for a special clause in the will, that under Georgia law, would cause someone who stands to gain under the will to forfeit the devise if they contest the will. You need to check with an attorney to have your questions thoroughly addressed.
Answer Applies to: Georgia
The Schreiber Law Firm | Jeffrey D. Schreiber
She can decide to give her property to whomever she wants, and as long as she understands what her property is, who all of her potential heir mare, and is not being unduly influenced to make changes to her will, she can do pretty much what she wants while she is alive.
Answer Applies to: California