QUESTION
What happens to my wife for the last will and testament for property that goes to me and will go to my children to share?
Asked on Feb 19th, 2013 on Estate Planning - Colorado
More details to this question:
We moved into my father's house after he was put in a wheelchair. I've been disabled since 2004 in which she took care of both myself and father. I wish I would have been told about the will earlier than 5 months. I'm sure I could have talked to my father about it. The will was done 6 months before he died. He loved my wife. My sister was named executor and can't believe she didn't say anything to change his mind. My father told me if my son lost custody of his 5 children, he would not be welcomed at the house anymore. Son and wife lost custody of all 5 kids (drugs).
5 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I'm not completely sure I'm clear on this your father's will leaves everything to you. Then, once your father's will has been probated, you own everything. You can then make your own dispositions transfer a share of ownership to your wife, if that's the right result. In your will, you can disinherit the son who has a drug problem, if that's the right result. Your father's will only "speaks" once it doesn't continue to control the disposition of property after you become the owner of that property.
Answered on Feb 24th, 2013 at 9:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I believe you have asked this question a number of times before. What happens is up to your children, if something happens to you. They can allow your wife to remain or they can kick her out. There is likely very little you can do about this, unless the kids are willing to agree to a different arrangement. Your father could have and should have taken care of this while he was living, because his intentions as expressed in the Will are the ones that matter. Everything else is irrelevant, under your facts.
Answered on Feb 21st, 2013 at 8:13 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you only have a life estate in the real estate, at your death it goes to your children.
Answered on Feb 21st, 2013 at 12:45 PM
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Your wife is not entitled to the property. If your children agree, they may allow her to live there, but that is their choice, not yours or hers. The custody issue is a non-issue unless it is in writing signed by your father.
Answered on Feb 21st, 2013 at 12:45 PM
Your fathers Will controls. For further information consider consulting with an attorney who specializes in Wills and estate administration.
Answered on Feb 21st, 2013 at 12:44 PM