Legal Question in Wills and Trusts in Idaho

inheritence, probate and wills

My grandmother died in 1974. My grandfather and her owned property and had some investments.I do not know if grandmothers estate was probated or not, I know that she did not have a will. If it was/wasn't since they were all minors what are their rights now? My grandfather remarried in 1975. He passed in 2000. He made out a will. His widow says there isn't one and did not file it. She is also listing everything as community property, nothing separate Isn't the property and investments prior to his 2nd marriage separate property? Isn't everything that belonged to my grandmother considered separate property? Is there something in the Law of Idaho that can protect my mother and her siblings from losing their inheritence? The second wife had herself appointed personal representative. She refuses to give my mother and her siblings anything. Can this truely be legal? Do they have any rights? If everything is turned over to her do they have any rights if she dies, or does it all go to her children?


Asked on 4/14/02, 12:19 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: inheritence, probate and wills

If GM's estate wasn't probated then the 1st $50,000 would automatically be owned by the GF. Since you didn't probate her estate withing 3 years as required by Idaho law, then you and any of her kids, or siblings would have probably lost any chance of tring to get anything out of the GM's estate

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Answered on 4/15/02, 4:24 pm


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