Wills & estate question

[rustyheela]

Hypothetically speaking, if my sister in law died and i am named as a beneficiary, and a week later her mother dies and my sister in law is named as a beneficiary along with her brother in the mothers will, would i have any claim to the estate or does the whole lot go to the brother. would i have a claim?

just a general comment, advice or opinion is what i am looking for

thanx

 

[prawn_86]

looking for a hit man are we rusty?

 

[Trader Paul]

Hypothetically speaking, if my sister in law died and i am named as a beneficiary, and a week later her mother dies and my sister in law is named as a beneficiary along with her brother in the mothers will, would i have any claim to the estate or does the whole lot go to the brother. would i have a claim?

just a general comment, advice or opinion is what i am looking for

thanx

Hi rustyheela,

Hypothetically speaking ... in a nutshell, you would most likely have
NO DIRECT claim on her mother's estate, unless you could prove,
that she was indebted to you in some meaningful way ... ie ... for
services that you have provided, at her request.

However, once an executor has been installed in your sister-in-law's
estate, then the executor can make a claim on behalf of your
sister-in-laws estate, upon the estate of her mother.

Of course, her brother may contest such a claim before settlement,
but if her mother was very clear about her intentions and if she has
left a VALID will, then settlement between the two estates is a
relatively simple matter.

By what you have said, you are not the sole beneficiary to your
sister-in-law's estate, but probably you do have a claim on it ... again,
it will be dependent on the terms of a VALID will by your sister-in-law and
where any settlement from her mother's estate, fits into the picture.

This stuff can get messy at times, especially where family members
are prepared to contest claims, so do not be afraid to seek some
professional advice .....

... gather as much information, as you can muster about both
estates and get some advice from legal aid or a lawyer specialising
in estate settlements .....

..... usually, they will give you your first consultation for free, so
ask plenty of question to clarify your own legal position and options,
before appointing somebody to represent your interests.

have a great day

paul



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[Doris]

Hypothetically speaking, if my sister in law died and i am named as a beneficiary, and a week later her mother dies and my sister in law is named as a beneficiary along with her brother in the mothers will, would i have any claim to the estate or does the whole lot go to the brother. would i have a claim?

just a general comment, advice or opinion is what i am looking for

thanx

Your sister-in-law would have to live for 30 days after her mother dies otherwise her share in her mother's will stays in the estate to be divided up amongst the other beneficiaries.

If the sister-in-law has her mother in her will but the mother dies a week after her then the mother's share goes to the sister-in-law's other beneficiaries.

If you die within 30 days of your sister-in-law's demise then you miss out too!

At least in QLD.