QUESTION
Can she change the will and leave the other two brothers out of it completely?
Asked on Aug 29th, 2013 on Estate Planning - Idaho
More details to this question:
My father in law died leaving house to his wife (my mother in law) with assets to be divided between the three sons. Mother in law wants to sell house to us as stated in will we get first dibs, then to divide the value in thirds to go to other two sons. She wants to let us move in early and the other two brothers want their third NOW.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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She can't change the will. Only your father could change it while he was alive.
Answered on Oct 18th, 2013 at 6:43 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Unless father-in-law and mother-in-law had a Contract Not to Change their wills, or Mutual and Reciprocal Wills with language indicating they would not be changed, then mother-in-law is the owner of whatever she inherited, and can do with it as she pleases. I recommend that you get assistance from a lawyer for mother-in-law's estate plan, including any proposed sale of the house to you. There are many things that can go wrong in such a plan. Good legal advice will give you a good result.
Answered on Sep 09th, 2013 at 3:30 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Assuming the mother in law has title, she can obtain an appraisal to determine the value, then either sell the house and divide the proceeds between the siblings, or the sibling that wants to buy the house and live in the house can buyout the other sibling, with your mother in law transferring the house to you and your husband.
Answered on Sep 09th, 2013 at 3:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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She isn't changing the will, presumably your husband will still get his third, just later. If you don't buy the house, presumably it will be sold and each brother will get his third.
Answered on Sep 09th, 2013 at 3:30 PM
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Without reviewing the title of the home and the Will and/or Trust, it is impossible to advise you on what rights your mother-in-law has to the property. First check the title of the home, if it is in her name alone, she can do whatever she chooses. If the home is titled in a Trust then that must be reviewed. As such, I urge you to speak with an attorney where the property is located who can review the operative documents and title to advise you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 09th, 2013 at 3:30 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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It depends entirely on what your father-in-law's will said about when the distribution of assets was to take place, and subject to what conditions. An experienced estate planning attorney can quickly review the documents and let you know what your rights and options are.
Answered on Sep 09th, 2013 at 3:30 PM
If the house was left to her, probated and now titled in her name, it is hers and she can do what she chooses.
Answered on Sep 09th, 2013 at 3:30 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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As long as your MIL has legal capacity, she can do whatever she wants with her estate plan. I do not see why anyone would be receiving an inheritance, while she is still living. That is very unusual, unless she has so much in assets that she will never need it and she wants to give it away, now. It is not clear to me whether what your MIL wants to do would be "changing the Will," but I would have an attorney review the situation, if she has questions or concerns.
Answered on Sep 09th, 2013 at 3:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The other brothers will eventually have to be paid their share. Do nothing without a transfer of title and seek counsel regarding the tax ramifications.
Answered on Sep 09th, 2013 at 3:30 PM
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If the will says it is to happen after he dies, and it is not happening that way, then the brothers have a good argument. The wife cannot change the terms of the will, she must follow them.
Answered on Sep 09th, 2013 at 3:30 PM
Thomas Edward Gates
Since thee house is the mother's she may do as she wishes. However, if at her death, the house was to have been sold and divided amongst the brothers, then to accelerate that requirement, the current fair market value must be divided and paid out now.
Answered on Sep 09th, 2013 at 3:30 PM