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Attorney2
Attorney2, Attorney
Category: Family Law
Satisfied Customers: 5647
Experience:  28 Years Experience in Family Law
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Need some guidance here. My mother passed away in the late

Customer Question

Hi, need some guidance here. My mother passed away in the late 90's at a very young (59!) age. About 6 months after her death, my father met someone, and after a short dating period, she moved into the home that my family had lived in. I was 30 at the time, and my brother was 26. About three years into them living together, my brother and I, at the request of my father, came over the house and began the inventory of items that would be inherited by my brother and I. This list was documented and signed by myself, my brother, my dad, and at that time, his girlfriend (they had not married yet, but did so 9 years after living together). It has now come to my attention that this list has been altered, and that his wife has now made changes to this list, claiming her wants for specific items. Other items have since been given away (without my brother 's or my knowledge). The original document was not notarized, nor dealt with in a legal manner. It was something that was agreed upon between all of us. The original document was drawn up for a reason. Based on past history with her, I can see more of this happening as the years go on, and it's not right. I am being pressured into signing this document, and I do not want to. I want at this point to have this drawn up as a legal document so that any changes going forward, are adequately discussed and then legally made. Am I in the right here? How is stuff like this dealt with in your opinion? Many thanks, Elizabeth
Submitted: 4 months ago.
Category: Family Law
Expert:  Attorney2 replied 4 months ago.

Welcome to JA and thank you for your question. I agree with you don't it. Did your mom have a will? Who is on the title to the home?

Expert:  Attorney2 replied 4 months ago.

About three years into them living together, my brother and I, at the request of my father, came over the house and began the inventory of items that would be inherited by my brother and I. This list was documented and signed by myself, my brother, my dad, and at that time, his girlfriend (they had not married yet, but did so 9 years after living together). It has now come to my attention that this list has been altered, and that his wife has now made changes to this list, claiming her wants for specific items. Other items have since been given away (without my brother 's or my knowledge). The original document was not notarized, nor dealt with in a legal manner. It was something that was agreed upon between all of us. The original document was drawn up for a reason. Based on past history with her, I can see more of this happening as the years go on, and it's not right. I am being pressured into signing this document, and I do not want to. I want at this point to have this drawn up as a legal document so that any changes going forward, are adequately discussed and then legally made. Am I in the right here?

The only way real and personal property is inherited is through estate planning documents, such as a Will or trust. If the person has no estate planning in place their property passes under the laws of intestate succession. So any agreements signed would not be legally binding for estate property. Did your mom leave a will? Is the new wife on the title to the house?

Expert:  Attorney2 replied 4 months ago.

If your mother had no will or estate planning documents everything passed to your dad. If your dad passes without a will estate planning documents the new wife is entitled to:

  • spouse and adult descendants from you and someone other than that spouse

In order to assist you I need a little more information.

Expert:  Attorney2 replied 4 months ago.
Are you online with me?
Expert:  Attorney2 replied 4 months ago.

Elizabeth I don't see any responses from you. Can you tell me if your mom had a will and how the house is titled?