Re: Get a proper will !!

Posted by John T Lawyer Update on August 19, 2006 at 07:53:46 from (66.244.90.5):

In Reply to: Get a proper will !! posted by Ray on August 18, 2006 at 16:11:56:

Ray, this is getting a lil tricky but based on your latest post I will try n take it n update a lil from there. I agree, the attorney for the stepchildren IS NOT YOUR FRIEND.......

"From what i gather so far her husband had a large trust that listed his kids as heirs and it rolled over into my sisters estate when he died"

OKAY, if he had a Trust and if he placed any property into that trust, it would pass by terms of the trust to its named beneficiaries and would NOT be a probate assett and he could have left it to whomever. YOU GOTTA REVIEW THAT TRUST BEFORE WE CAN ANSWER THESE TYPE QUESTIONS.

"Her will leaves everything to him so the step kids attorney says that makes them the heirs"

ANSWER maybe n maybe nottttttttt They are NEVER her heirs at law although they may well indeed be his. "A living person has no heirs" heirs are determined by the laws of intestste succession when a person dies intestste. When he died first his property passed to his heirs (ONLY if intestste),,,,,or to his devisees under his will (provided he cant disinherit his spouse by law) ,,,,,,,,,or to the beneficiaries under a trust in which he placed certain property into the trust. When he was alive I dont see how he could place any of your farm into the trust since (UNLESS she conveyed to him her interest in the farm with a deed WHICH I SERIOUSLY DOUBT)

BUTTTTTTTTTTTTTTT he was dead,,,,,,,,,sooooooo depending on how her will was drafted determines who takes in the event the beneficiary predeceases the testator. Remember, he predeceased her and isnt available to take when she later died. Sooooooo you say her will left all to him but you need to see the will for what it says about who takes should he predecease her.

PLUS REMEMEBER When your sis died stepchildren are NOTTTTTTTTTT her heirs under intestate succession, however, her valid will could name whomever as beneficiaries, stepchildren or my mother in law. The stepchildren are heirs of their father by intestste succession NOT their Stepmother (stepchildren are NOT children of a decedent) so when he died who took what under his will or trust AGAIN YOU NEED TO SEE THAT BEFORE you know what your sis took when her hubby predeceased her

Things in your favor are the fact HE DIED FIRST. His estate needs to be settled up to see who and what takes under the terms of his trust and/or Will and then thats settled. Perhaps your sis was beneficiary under his Will or Trust and perhaps she was not HOWEVER the law states a person can disinherit his children but NOTTTTT his spouse and if he tries the Court can set it aside by allowing the spouse to elect to "Take Against the Will" in which case shes entitled to one half of his probate estate and his children the other half. Soooooooooooo it looks like she inherited (or can by operation of law) at least something from him and that depends on the terms of the trust and will which we dont have for review........

GOOD THINGS IN YOUR FAVOR is the farm was left to you n your sis NOT to you and her hubby i.e. that was hers as when she died it passes to 1) Her heirs if intestste 2) Her devisees under her will (but then we gotta know who the will passed it to if the hubby predeceased her) 3) Perhaps your dads will granted it to you n your sis as Joint Tenants whereby its now alllllllll yours PERIOD NO QUESTIONS ASKED.

BOTTOM LINE Theres no sense in trying to analyze any of this any further UNTIL we had both wills,,,,,,,,the hubbys trust,,,,,,,,your fathers estate papers and records and any executors or administratirs or personal representative deeds........... With that allllll in hand any competent estste attorney can provide a good legal opinion of who gets what as a matter of law and depending on the draftign of all those documents what, if any, arguments or legal issues may be arguably capable of a challenge.

YOU GOTTA GET A GOOD LOCAL ESTATE ATTORNEY TO REPRESENT YOU and in the meantime I wouldnt necessarily believe or sign anything the attorney for the stepkids sends you.

The pure speculations or guesses of my self an attorney or any lay persons at this time without having the wills and trusts and your fathers estste papers in front of us is TOTALLY WORTHLESS

Best wishes, God Bless n let us know what happens.......

John T Retired EE now a Country Lawyer

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