Inheritance Question

[SallyM214]

Jurisdiction

Massachusetts

O.k. So here goes -

My mother in-law died in 2014. She had a trust in place that split everything 50/50 between her son and daughter and, in the case of their deaths, to their heirs. At the time, she had a malpractice suit pending.

My husband died the following year. At the beginning of this year, the malpractice suit was settled. My sister in-law, as executor of the estate, split the settlement money between herself and is setting up a CD in her name for the other half with my daughter (our only child) as the beneficiary payable upon death.

My question is this - as his surviving spouse, should I have received the money or does it go right to my daughter? And, if so, as her parent, should I be the one to create the CD for her?

 

[army judge]

O.k. So here goes -

My mother in-law died in 2014. She had a trust in place that split everything 50/50 between her son and daughter and, in the case of their deaths, to their heirs. At the time, she had a malpractice suit pending.

My husband died the following year. At the beginning of this year, the malpractice suit was settled. My sister in-law, as executor of the estate, split the settlement money between herself and is setting up a CD in her name for the other half with my daughter (our only child) as the beneficiary payable upon death.

My question is this - as his surviving spouse, should I have received the money or does it go right to my daughter? And, if so, as her parent, should I be the one to create the CD for her?

Anytime a trust is involved, your most accurate answer will come from an attorney that you have engaged to protect your interests.

I suggest you talk to two or three attorneys about representing you.

Anything someone tells you about this over the Internet is about as useful as asking a five year old.

Why?

Trusts come in many flavors and varieties.

To know definitively one needs to read the trust.

 

[adjusterjack]

My question is this - as his surviving spouse, should I have received the money or does it go right to my daughter? And, if so, as her parent, should I be the one to create the CD for her?

I can think of a handful of questions that will make your head spin because you would have no way of knowing the answers.

If you believe that you have any rights here, you will need an attorney to examine the trust, the will, the deaths, the settlement, the probate (if any), and the plethora of little details about what has happened. That's likely to cost you at least $10,000, maybe more, and all you might find out is that Sister-In-Law was entitled to all of it.

Up to you.