My mother died with a will leaving all of her assets to my brother and I to be shared equally. After writing her will, she remarried. We were told that anything that my brother and I were not named as beneficiaries on had to go into an estate account and her husband was entitled to 1/2 of anything in the estate account. My mother and my stepfather had agreed that all of my mother's assets went to my brother and I and all of my stepfather's assets went to his son and daughter. My step-brother and step-sister do not want any of the money from my mother's estate account. Can my brother and I finalize my mother's estate and liquidate her estate account?
1 Answer from Attorneys
Assuming your step-father is still alive, you should get disclaimers from him on the estate that would pass to him. However, look to see if your Mother's Will has a residuary clause, which gave all assets not specifically named to you and your brother as beneficiaries.