Saturday, 25 April 2015

My father is due an inheritance. He is still legally married but seperated. His wife has a 5 year restraining order. If my father passes bef...

Question

My father is due an inheritance. He is still legally married but seperated. His wife has a 5 year restraining order. If my father passes before his inheritance starts to come in, who is entitled to his inheritance? His estranged wife, kids, or grandkids?



Answer

Does he have a will? What governs the original inheritance? A different will? You are missing a lot of details an attorney would need to answer this question accurately.



Answer

Anthony Roach has advised you correctly. If your father does not have a will or trust, then he is urged to see an estate planning attorney immediately, so he can direct the disposition of his inheritance; otherwise, I can see a future of litigation among all of the potential heirs, as a result of statutory (probate code) governed distribution.



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