Mother is 89 years old, has Alzheimer's, and is living in a life care facility. She is a ward of the court in State X. There is no will. She remains married to her second husband. He has 1 son, she has 2. If property passes to him upon her death, are her sons denied an inheritance if he so desires upon his death?


You need to look up your state's intestacy laws. These "fill in the blanks" if there is no will and state who is personal administrator (in charge of her estate) and who inherits and how much. You can try it alone by looking up the state probate code on line (check a state government web site), or at the local library which should have the state law (ask the Librarian about pocket parts so you read the current versions). That should tell you. In some states spouse recieves half and children half. You have to look up the definition of children, etc. to figure this out. Also, did your mother and her 2nd husband sign a pre-nuptial agreement? How are assets owned? This might affect what happens on her death. Sounds like you can get some of this done on your own but will need professional help along the way. Once assets pass to her 2nd husband (assuming no will, no pre-nuptial agreement and no impact of how property is titled) unless the second husband has the moral view to assure that her children ultimately receive assets, her children will probably be out of luck (and even if he does that doesn't mean his son won't make sure no one else sees a nickel). This is exactly why its so important for everyone to get a will and an estate plan.

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