Oh the joys of family

June 12, 2008 6:01 PM

Inheritance issues. Grandparent passed leaving money to my dead mother. Auntie wants to keep mother's share.

My grandfather passed away and left my mother with an inheritance. Mother passed away several months before grandfather, but the will was not updated. Aunt #1 wants me to have my mother's share, but aunt #2 is trying to keep it. I will be speaking with a lawyer next week, but I'd like some advice from the hivemind before I go.

Does anyone have any experience with this situation? Does aunt #2 even have a legal leg to stand on?

posted by Sufi to law & government (19 comments total)

I'm afraid I don't have any advice for you, but it would probably be helpful to others if you specified which country/state this is in, because inheritance laws differ quite a bit from place to place. Also, I assume your mother left no will?

My condolences, and I hope you can untangle this with a minimum of complications.
posted by Zarkonnen at 6:06 PM on June 12

I'd've thought so, presuming Aunt #2 is named in the will, but wait for your legal opinion.
posted by pompomtom at 6:07 PM on June 12

Both families are in Texas. And no, there was no will left by my mother.
posted by Sufi at 6:08 PM on June 12

The lawyer you'll be speaking to will probably have the answer, as this seems like the kind of thing that would have a good bit of precedent. There are questions we could ask to get clarification - for example, who's the executor? - but it's all going to get blown away in the breeze as soon as people with actual knowledge of the relevant bits of Texas law get hold of it.
posted by Tomorrowful at 6:11 PM on June 12

Typically that money would go to your mother's heirs but it all depends upon how the will was drafted. Lawyer up.
posted by caddis at 6:32 PM on June 12

I'm in California, but I know of three basic methods of inheritance, per stirpes/right of representation, equal share/per capita with representation, and per capita at each generation. None of these would allow for your aunt to take your mother's share, under all it would pass to you/your siblings, barring a clause in the will that says otherwise.

BUT I'm just a law student, not even a lawyer, and I'm in CA, etc. However, I hope that puts your mind more at ease until you meet with the lawyers.
posted by wuzandfuzz at 6:35 PM on June 12

I think it's pretty safe to say that the lawyer will want you to not talk to your aunts (or anyone else) about this without the lawyer's advice. It seems pretty certain (IANAL) that what Aunt #2 wants is not right (unless the will specifies that this is the way it should be done) so you shouldn't stress about it while you wait. If you find yourself in conversation with one of these family members, make pleasant conversation on other topics.
posted by winston at 6:49 PM on June 12

The hivemind will not be worthwhile here -- in these sorts of situations, the advice you need will be very dependent on the precise details of the will, local law, etc. That is, I'd say lawyer up, but you already seem to be doing so, so keep doing that, and ignore everything (else) you see here.
posted by paultopia at 6:50 PM on June 12

Oh, yes, and Winston's right too: don't get talking with anyone about this (and DEFINITELY don't agree to/sign anything) w/o the lawyer's advice.
posted by paultopia at 6:51 PM on June 12

IAAL,BNYL. The truth is that nothing short of an intimate familiarity with the relevant law and a thorough reading of the will can answer your question.

I wouldn't assume that Aunt #2 is correct, but I also wouldn't assume that she is wrong. What you should assume, though, until you talk to your lawyer, is that everyone is trying to screw you.

Don't agree to anything or sign anything, and talk to a lawyer as soon as possible. Unfortunately, I think that's the most anyone here is going to be able to tell you.
posted by Mr. President Dr. Steve Elvis America at 8:56 PM on June 12 [1 favorite]

I don't get it. How can someone deceased inherit money?
posted by gt2 at 10:48 PM on June 12

Coincidently, I was just looking over the guide my legal office gave me for writing my will, and I specifically noticed the part on that.

In the questionnaire/worksheet they gave me, it recommended I select whether I wanted per stirpes or per capita, exactly as wuzandfuzz describes, and that they would explicitly write that in the will. The reason for that is, the default in my state might not be the way I wanted it.

So you'd have to read the will, then check the law in your state if the will didn't specify.
posted by ctmf at 11:39 PM on June 12

I don't get it. How can someone deceased inherit money?

Well, the will left money to them. The problem to be solved is: because the deceased can't inherit money, what should be done with the money instead?
posted by winston at 3:55 AM on June 13

The problem to be solved is: because the deceased can't inherit money, what should be done with the money instead?

This is where the earlier poster was right asking about locale. In the Netherlands, whoever inherited from your mother would by law have been the "replacement" inheritors. That would be you. For example, I've named one person in my will. If that person dies before I do, and I don't change the will, her kids will automatically inherit when I die. I have no clue whatsoever how this works in other countries.
posted by DreamerFi at 4:43 AM on June 13

IANAL There must be an executor, who does the tasks of disposing of the estate. Meet with that person. If you don't like the answer, discuss it with your attorney, cause of course you have an attorney, right?
posted by theora55 at 12:03 PM on June 13

Did your grandfather's will leave the money to be distributed equally amongst his children?

In that case, I can see where your aunt is coming from--she's interpreting it as the money being distributed equally amongst his living children--your aunts. She still might be mistaken, of course.

Either way, I am sorry for your losses. I hope you and your aunts can come to a fair resolution.
posted by sondrialiac at 12:35 PM on June 13

It really depends on the terms of the will as well as state law. You didn't say if the will says what happens if one of the beneficiaries pre-deceases the person who made the will. I hope you have a copy of the will to take with you when you speak with the lawyer.

IANAL, but I have two parents who died here in Texas last year, and I was managing both their affairs until the second death.
posted by Robert Angelo at 3:56 PM on June 13

IAAL, BNYL. Mr. President Dr. has it. The answer to your question turns on the exact language of the dispositive provisions of your grandfather's will and/or the will construction laws in Texas. Wills are (or should be, and this is why) drafted to provide for what happens in the event a beneficiary predeceases the testator/testatrix (the person signing the will). Wills dealing with devises to lineal descendants (children) usually either provide that the deceased beneficiary's share goes to the deceased beneficiary's lineal descendants (the grandkids!) or, if there are none, the deceased beneficiary's share goes back into the pot to be distributed among the surviving beneficiaries. The wording of your granddad's will will control. If there are no such provisions in his will, Texas law governing wills will control. Speak with a lawyer. Good luck.
posted by Jezebella at 10:11 PM on June 14

Sounds like if the will does not specify, you get it.

From http://www.mystatewill.com/statutes/tx_law.htm

Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION.
When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive.
posted by ctmf at 12:18 AM on June 15