Does Mom's husband have rights to assets in my name?

1 answer | Last updated: Sep 28, 2016
Dma333 asked...

My mother (who lives in CT)is terminally ill, she recently quick claimed her home to my brother and I. I am listed on my mothers personal checking account, as well as, my brother and I are listed as the beneficiaries of her IRA. Ct. law entitles her husband to 1/3 of her estate. Does this include the account that I am listed on, the home that is now in our names and an IRA that was established prior to their marriage, remains in her maiden name and list us as the sole beneficiaries?

Expert Answers

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

This is not a simple question at all, since each state has its own particular rules for the spousal "forced share" of the estate. You should be consulting with an estate lawyer in your local area, who will know the rules and can give you the advice you need.