Mom has Alzheimer's and in late stage. Her step kids both want to take a portion of her estate. They both feel she will not need it because she won't live more than 5 more years. I believe she could live longer. I don't need the money but my step sisters do need the money. When did it become ok to take inheritance before a person is resting in peace?
Bring it on!
I think she was not listening to what her attorney told her. I think she heard what she wanted to hear.
After your mother has passed away - may she live forever - if all beneficiaries of an estate agree then a portion of the estate can be distributed before the estate has been through probate. I have a suspicion that that is what the attorney was trying to explain to her: that you won't all have to wait for probate to complete, which is good news because it can take ages.
But not she nor you nor anybody, not even if the world gives its blessing, can help themselves to your mother's money in anticipation of a future bequest.
Your stepsister is plain wrong.
That is reprehensible and they should get a second or third or maybe a 1st job to pay their own way.
It is not their inheritance until she passes and then only if it is in her will or trust.
Tell them if they touch the money you will turn to law enforcement for their financial exploitation of a vulnerable senior.
I would find my own attorney because this will probably be a battle, but it is necessary to protect your mom, no one knows how long she has and to surmise otherwise is flat out bs.
I realize that her stepkids probably feel that their father contributed to that money. He should have left them some in his will then. Hopefully she has a will in place where they inherit. For now its your Moms.
You need to make an appointment with an Elder Law Attorney, this type of attorney specializes in all laws pertaining to Elders. She/he will give you advice on what to do regarding the step-children wanting to hand out the money while your Mom is alive.
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