Statement interpretation

[pjohnston440]

What is the name of your state (only U.S. law)? IL
My in-laws divorced in 2002. As part of the divorce they submitted a joint and mutual will that was incorporated into the judgement for dissolution of marriage. Can you please interpret the following statement?
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FIFTH: Each of us, if we die first as between each other, devise and bequeath all of our estate now or hereinafter owned by us unto the other surviving person. The second of us to die devises and bequeaths all of his or her estate, however owned, to our children in equal parts, per stirpes.
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My mother-in-law passed away in July and my father-in-law currently wants to give one (of two properties) of the properties to my wife. She is one of two children. Can he do that?

Thank you

 

[LdiJ]

What is the name of your state (only U.S. law)? IL
My in-laws divorced in 2002. As part of the divorce they submitted a joint and mutual will that was incorporated into the judgement for dissolution of marriage. Can you please interpret the following statement?
- - - - -
FIFTH: Each of us, if we die first as between each other, devise and bequeath all of our estate now or hereinafter owned by us unto the other surviving person. The second of us to die devises and bequeaths all of his or her estate, however owned, to our children in equal parts, per stirpes.
- - - - -
My mother-in-law passed away in July and my father-in-law currently wants to give one (of two properties) of the properties to my wife. She is one of two children. Can he do that?

Thank you

There is nothing there that says that he cannot give property or assets to one or more of his children. All that says is that he has to leave his entire estate (whatever is left when he passes away) to his children in equal parts.

I am also not sure that he is bound to that. People have the legal right to change their wills. However, how many children are there and how many hard feelings will there be if dad makes that kind of gift to your wife? Would he be able to make equal gifts to all of the other siblings?

 

[pjohnston440]

There is nothing there that says that he cannot give property or assets to one or more of his children. All that says is that he has to leave his entire estate (whatever is left when he passes away) to his children in equal parts.

I am also not sure that he is bound to that. People have the legal right to change their wills. However, how many children are there and how many hard feelings will there be if dad makes that kind of gift to your wife? Would he be able to make equal gifts to all of the other siblings?

Thanks so much for your reply. Fyi, my wife has one sibling. He has been pretty much a ghost since my mother-in-law started getting ill 10 years ago while my wife spent hours and hours caring, going to doctor visits, shopping, etc. I think my father-in-law is recognizing the sacrifices my wife made for so many years. The property is a townhouse around $150k.

 

[LdiJ]

Thanks so much for your reply. Fyi, my wife has one sibling. He has been pretty much a ghost since my mother-in-law started getting ill 10 years ago while my wife spent hours and hours caring, going to doctor visits, shopping, etc. I think my father-in-law is recognizing the sacrifices my wife made for so many years. The property is a townhouse around $150k.

I doubt if there would be any problem there. Again, the divorce decree said that he had to leave his estate to his children in equal parts, not that he could not give away property while he was alive.