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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I am being harassed by the daughter of a dead sister My Dad

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I am being harassed by the daughter of a dead sister My Dad died in Washington state on Dec 1st 2012 we didn't;bury him till last weekend in Pa to be beside my mother it being there 66th wedding anniversary and us kids all live in different states one in Germany. She my Dead sisters daughter believes she is entitled to his things he owned nothing but maybe a 4000.00 dollar car and a flat screen TV My brother who lives in Washington has rental property

and put my Dad up for free and took care of him for 20 years there is no will but there was money in a checking account that my brother was on with him or we think in a survivorship but if he was not and dad just left it all to my brother ( i know they talked with a lawyer) does she have any rights as a grandchild to anything? My brother gave each of the surviving seven of us some money which we never expected since he took care of Dad but if there are no papers and she lives in Tennessee does she have claim to any money? when you die without a will does any relative/Grandchild have claim to the money and oh by the way I live in Tennessee and before Dad died he said he would like my sisters 6 kids to have something so he gave me 3,000.00 dollars to split between them 500 each he asked me to have them sign for it I don't know why but he asked so I did 3 signed i gave them the money the others didn't sign i still hold the money she said she is going to sue me for trying to bribe her and sue all of us for scamming her can she win such a case? Do have anything to be concerned about ?Can she just take me to court since I am the only one who lives in TN
Thanks for asking your question:

Is your sister's daughter refusing the $500?
Customer: replied 3 years ago.


yes

First of all:

If your father died in Washington State and that was where his residence was prior to his death, any suit would need to be filed in Washington State.

If you are simply distributing money your dad gave you before he died, she can't sue you. You aren't the executor of the estate so you have no legal responsibility to her. If she wants to sue for what she thinks is her rightful portion, she'd need to get a lawyer in Washington and open up the estate to probate. If all that your dad owned was a tv and a car, she's going to be disappointed because her lawyer will cost more than those things are worth.

If your dad left money to your brother in a POD or right of survivorship account, she can't touch that. It belongs to your brother and he can do what he wants with it.

Intestate succession laws in Washington state that if there is no surviving spouse, the estate passes to the "issue" children, and then on downwards. So here's the reality of your sister's daughter. Your dad's estate would be split equally among his children. Since your sister has gone on before, HER share would be split amongst her 6 kids. So the value is going to be minimal.

BotXXXXX XXXXXne: She can't sue you. Your dad gave you funds to split between the children and that $500 is more than she's likely to get if she starts probate proceedings in Washington State.
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