My wife’s grandma lives in a community property state and she has certain items to be left to her in her grandma’s Will, can she be cut out of her inheritance?
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My wife’s grandma lives in a community property state and she has certain items to be left to her in her grandma’s Will, can she be cut out of her inheritance?
The items include a portion of her house, some money in a joint account and a vehicle. Now, she is being told that her grandpa may sell the house and split the proceeds between his 2 children.
Asked on November 24, 2014 under Estate Planning, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Normally, a will controls: if it was validly and properly executed, then the deceased assets have to be distributed according to it. However, if the house was owned jointly by the grandma and grandpa, then he became the owner of it on her death--it did not pass by the will, but rather became the sole property of the living joint owner. If that were the case, then he could legally (as the owner) decided what to do with it.
If he did not own the home jointly with grandma, then your wife has to get the share or portion of the house willed to her. If someone attempts to thwart that, you wife could bring legal action (she should hire a lawyer to help her) to enforde the terms of the will.
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