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

2 answers | Last updated: Jun 15, 2017
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.


Community Answers

Geo2015 answered...

Well, if CT law says the spouse gets 1/3 of the decedent’s estate, then the spouse, in this case the husband, probably gets 1/3 of the mom’s estate. On the other hand, the Expert is right, estate law is specific to each state – and there are subtle variances to each law, so to really know what the story is, you really do need to talk to an experienced CT estate attorney. It sounds like “the husband” as he’s referred to is a more recent husband and step-father, not the kids’ dad… so there may be a stated amount of time needed to be married to the mom in order for the step-dad to get his 1/3.

And I’ll tell you what – if the husband had been married to the biological mom for a month or two before she became terminally ill, hey, I don’t think it would be fair to allow him a full 1/3 of the mom’s estate. But that’s just my opinion. You guys will just have to see what the law says, what an experienced CT attorney says in fact.

Also, if you guys can’t afford to get your own personal attorney when your mom passes… once probate is filed you can always get a probate loan – and pay the lawyer’s retainer out of that. So you’ll have to get familiar with probate loans, inheritance loans, and estate loans…. inheritance cash advance assignments. And get some reliable info on inheritance advance rates, inheritance loan fees -- maybe 72 hour inheritance loans or 48 hour probate loans, inheritance advance loans, probate cash advance loans, or probate real estate loans… choose a probate loan or probate advance boutique firm like one of the better known, established probate loan or inheritance advance firms like www.heiradvance.com, www.inheritancenow.com or perhaps, maybe www.inheritanceadvance.com – and use that probate cash wisely. To protect your valuable inheritance assets with a good attorney, if the husband doesn’t have rights to 1/3… and maybe consult with an expensive tax attorney and a good CPA. Wouldn’t hurt, as long as you have the money to pay for it.