Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My father is the remaining spouse - according to s will the…

Customer Question
My father is the remaining...
My father is the remaining spouse - according to his will the son of his deceased wife who is stated 1/2 of the estate with my sister (blood kin of remaining spouse) will only receive the other 1/2 of the estate which we were ll have to divide - which leaves the stepson with 1/2 of the estate - is this correct or can my sister and I contest the will which will equally divide the estate first between blood relatives of my sister and I leave the stepson (not of blood relation to my father) a remaining 1/3 of the estate?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
2/2/2016
Estate Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,035
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Can you tell me what state this is in?

.

And he is leaving his step son half of his estate in his will correct?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
Kentucky and per the will my stepmother made sure my dad left 1/2 of the estate to her son whis is of no blood relation to my dad - my dad was a hom vbuilder all his life and built furniture & cabinets - my stepmother stayed at home cooked, painted and quilted - I state he was more the breadwinner than her however my dad had his head stuck up her boot i.e. That he will keep every wish she stated and had him put in his will . he put my sister & I as POC to take care of him till he dies and made me an executor of the estate along with the stepbrother who is bad health - so I think that family is trying to hood me in all the paperwork so he can get his half -- I will not tell them yet, but will be declining my part of executor leaving that family in a hardship - daddy told me and my sister that his 'family' down there was not the 'family we had with our mom - so now we have a complete different attitude about the whole thing - me and my sister have felt that the stepbrother family did not want to,take care of him so that's why they made us the POA - and once again we do not feel the same about him as we did about mom - I think I can require the court thru an atty to have audit of all records to prevent fraud on their part - which I would suspect
Estate Lawyer: Barrister, Attorney replied 2 years ago

Ok, if you are asking if father can leave half his estate to his non-blood stepson, then unfortunately the answer is yes. A testator can leave their estate to anyone that they want...whether they are family or not. Father could leave everything to his local church, the Humane Society, his children, unrelated people, or anyone else in the world that he wanted to.

.

There is no law in KY that states that a parent has to leave any inheritance to his children, or any specific amount, if he chooses not to. The only way that children inherit by law is if the parent died without any will in place at all..

.

So if he has a properly executed will in place, he can leave his estate to whoever he wants. The fact that an heir is unhappy with what their parent did wouldn't give them legal grounds to contest the will..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
ButnImstill can refuse to be to,be a second executor and request an audit can't I
Customer reply replied 2 years ago
But I can still refuse to be an executor correct - and can I,require the an estate audit to make sure there is no fraud involved with their accounting?
Estate Lawyer: Barrister, Attorney replied 2 years ago

Correct, you are under no obligation to be an executor if you don't want to be and can simply refuse to accept the position. And yes, you are legally entitled to a copy of any inventory and accounting that is filed for the estate. You also have the right to file a formal objection with the court if you don't think that the filed documents are accurate.

...

Thanks. ..

Barrister

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,035
43,035 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

43,035 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
In a family trust a family member recently passed. He had a
In a family trust a family member recently passed. He had a share of mineral rights (which were not sold). He was the grandson of the originators of the trust. His father passed years ago and he and 2… read more
Barrister
Barrister
Attorney
Doctoral Degree
43,035 satisfied customers
A man who lived in Massachusetts s entire life was deeded a
A man who lived in Massachusetts his entire life was deeded a piece of property in Massachusetts that he owned individually. Subsequent to that, he got married and had a foster child. He died in 1974 … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi, I have a question regarding my husbands deceased grandmothers
Hi, I have a question regarding my husband's deceased grandmother's will. She died recently. She had 6 children. In her original will, the estate was evenly divided between all 6 children (all of whom… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
When there is no will and the survivors ars a mother and a
when there is no will and the survivors ars a mother and a sister what is the law on entitle ment on the estate in nevada… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,867 satisfied customers
My father recently died without a will that we know of. My
My father recently died without a will that we know of. My step mother is still living. I have 2 sisters and a step brother. My sisters and I wondered if my step mother can legally leave everything (h… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
When any person shall die seized of any estate of inheritance
When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
my stepmother died nine years ago left no will has eight kids
my stepmother died nine years ago left no will has eight kids by first husband my dad died two weeks ago he had a will left his half of his estate to his children we are five and he and my stepmother … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
Male decedent at 95 leaves 2 stepchildren (their mother, his
Male decedent at 95 leaves 2 stepchildren (their mother, his wife, died 2 years previous). The "son" was told at the time of the mother's death that he would receive nothing. The "daughter" is now exe… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
Who is next of kin when grandmother dies and her son is
Who is next of kin when grandmother dies and her son is dead, leaving his children, (her grandchildren. Is the grandmothers sister next of kin of the grandchildren.… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
A relative recently passed away without a will. I understand
A relative recently passed away without a will. I understand under Massachusetts state law the state provided a will to the closest living relatives. This relative has no surviving spouse, children, o… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
How can five children get control of the estate of a dead beat
How can five children get control of the estate of a dead beat dad from a sister and a wife of two months in Greenville, Mississippi?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a question about Idaho inheritance law: my stepfather
I have a question about Idaho inheritance law: my stepfather recently died, and has had no contact for his daughter (my half sister) for 20 years. We just found out about the death from his half siste… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My dad just passed away. His assets amount to 90000 dollars.
My dad just passed away. His assets amount to 90000 dollars. I am blood kin I have 1 sister and a half sister. My step mom has 2 sons. She is wanting to sell the property. My dad did not leave a will.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
538 satisfied customers
If a sibling is the sole independent executor of a will and
If a sibling is the sole independent executor of a will and the will does not state any beneficiaries, is this persons the sole beneficiary?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
538 satisfied customers
Bexar County, TX Estate owner dies in Jan. 1997 with no will.
Bexar County, TX:Estate owner dies in Jan. 1997 with no will. Leaves behind wife and one child and two children by previous marriage. Judge orders 6 acres of deceased land be given to first two childr… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My son just passed away leaving a $25K insurance policy to
My son just passed away leaving a $25K insurance policy to his mother. His home has a lot of furniture in it which we would like to give to our daughter. It doesn't appear that he left a will (we live… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in Texas. My half brother died recently without a
I live in Texas. My half brother died recently without a will; his wife who had 2 adult children died a year ago. She also did not have a will. Although my brother never adopted these children and the… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers
My grandmothers husband died without a will in place and they
My grandmothers husband died without a will in place and they were married for seven years. They had a house together her lawyer told she could live in the house but never put it in her name. This was… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x