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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6443
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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My grandfathers will states 1/2 of his estate goes to my mother

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My grandfather's will states 1/2 of his estate goes to my mother (his daughter-in-law)as my father is deceased and 1/2 to his other son or 1/4 to each of his two children if he is deceased. And he too is deceased.
So if that is correct my mother would get 1/2 and each of my cousins 1/4 of the estate, correct? Next question...if all the money is in two accounts and one CD with my mother having right of survivorship in all three cases; there would be nothing to divide, correct?
Welcome and thank you for your question. I will be the professional that will be assisting you.

So if that is correct my mother would get 1/2 and each of my cousins 1/4 of the estate, correct? Next question... Yes, you are correct.

..if all the money is in two accounts and one CD with my mother having right of survivorship in all three cases; there would be nothing to divide, correct?

 

If your mom is jointly titled with rights of survivorship on the CD's the CD's pass outside of your grandfather's estate directly to your mom.

There are two different types of assets. There are the assets that pass through the estate (will) and the ones that pass by rights of survivorship. If there is nothing in the estate and only the CD's your mom gets everything.

I hope that makes sense.
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Customer: replied 3 years ago.


What about two other accounts checking and savings? Both are joint accounts with right of survivorship. Her name and my grandfather's name are on those as well. She is very concerned about how to explain all this to my cousins. Their father received so much money after my father died that I think my grandfather was trying to make sure she recieved something to pass on to me. My father passed away 27 years ago, my uncle 4 years ago and my grandfather a few months ago.

What about two other accounts checking and savings? Both are joint accounts with right of survivorship.

 

Any, accounts with rights of survivorship pass to your mom. A joint account with no right of survivorship would pass through the estate.

 

 

She is very concerned about how to explain all this to my cousins. Their father received so much money after my father died that I think my grandfather was trying to make sure she recieved something to pass on to me. My father passed away 27 years ago, my uncle 4 years ago and my grandfather a few months ago.

Who is the executor? This is what your grandfather set up. This is clearly what he wanted.

Customer: replied 3 years ago.


My mother is the executor. Great point I will pass along to her. Your help is appreciated.


 

People must have respect for the final wishes of another human being. It was your grandfather's money to do with as he saw fit. No one should have an issue with following his wishes.

I am happy that I was able to assist. I hope you were happy with my service. Thank you for using JA!

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