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What is the name of your state? MO
Can my FIL's widow elect to take against the will 18 months after his death? She is trying to get the antenuptial set aside. In her petition, she asserts that because of the antenuptial she felt that she could not elect against the will, could not claim the support outlined in the MO statues and could not take the "homestead exemption".
We think she wants 1/2 of the estate. All that is left is the house worth about $235,000. My FIL left it to his children, but gave her a life estate. Our attorney asked for an extension for the hearing. I am a little confused, will she get half or would she get one third because there are two (of my FIL's children). I thought you had only six months to take against the will in MO. Any adivce would really be appreiciated.
Thanks!
Alber
Can my FIL's widow elect to take against the will 18 months after his death? She is trying to get the antenuptial set aside. In her petition, she asserts that because of the antenuptial she felt that she could not elect against the will, could not claim the support outlined in the MO statues and could not take the "homestead exemption".
We think she wants 1/2 of the estate. All that is left is the house worth about $235,000. My FIL left it to his children, but gave her a life estate. Our attorney asked for an extension for the hearing. I am a little confused, will she get half or would she get one third because there are two (of my FIL's children). I thought you had only six months to take against the will in MO. Any adivce would really be appreiciated.
Thanks!
Alber