QUESTION
Can I sue will executor for not following will instructions
Asked on Aug 06th, 2022 on Construction Law - Connecticut
More details to this question:
My wife passed in 2011, the house was split between my step son and myself. His half was in trust until he was 35, he is now 37 I want to buy him out but cannot until she puts the deed in his name. I have asked her multiple times to do it but she makes excuses and doesn’t. My step son has threatened me and I want him out of my life. I am responsible for mortgage,insurance and upkeep etc. He has no responsibilities. I have paid over 80k and have 17k left on the mortgage. Can I sue to force her to do what the will states?
1 ANSWER
You need to retain a probate attorney in your jurisdiction for advice. Most states provide that the surviving spouse has a life estate in the marital home which the will cannot override. Once you pass your one half interest would pass to your beneficiaries under your will, and the other half would pass to your deceased wife's son. Of course this is speculation because each state has its own laws. Accordingly, you need to retain a board certified Connecticut lawyer for advice.
Answered on Aug 07th, 2022 at 5:47 AM