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Question regarding will and inheritance (Tax Law)

Sun, 24 Dec 2006 18:38:00 GMT

What is the name of your state? CA.
My father passed away not long ago and my grandmother passed away three months before him - she was a Maryland citizen - lived in Maryland. My grandmother bequeathed my father a lump sum of money but her estate was still in probate so my father never receieved anything. My father died while my grandmother's estate was still in probate. My father married my step mother three years ago and soon after she found out that my grandmother left my father money. She is now talking to lawyers in Maryland attempting to collect on behalf of my late father's estate. Is she entitled to any money from my grandmother's estate? My grandmother would have never wanted it this way. Also, when my father died he bequeathed his residuary estate to my step mother via a will. My step mother and father were tenants in common on their property in Sacramento. Who is entitled to this property?

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  • Tue, 26 Dec 2006 02:55:00 GMT(1)
  • Probably your stepmother. Your father's inheritance is an asset of his estate & passes as he directed in his will. Anything not specifically bequeathed to others passes to his residuary heir. The exception would be if grandma's will says that the kids inherit if he does not survive her by more than 3 months or so. What you think grandma would have wanted is irrelevant. If she really cared about this, she would have used a trust so that the stepmother could not inherit. For that matter, your father should have reworked his estate plan once he learned of the inheritance from grandma. Grandma's legacy will have to go through Maryland probate, then through CA probate. Expen$$ive.
    Your other option might be to get dad's will thrown out, at which point all his assets pass as if he died intestate. This probably means his wife & kids split his estate. Nothing in your post indicates this is even a remote possibility, but consult a CA lawyer. You can probably manage to spend most of the estate on legal fees, leaving nothing for stepmom or the kids. Just ask Jimi Hendrix's family how *that* strategy is working.
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