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Missouri
My father-in-law passed away in April 2006 and named his son executor. He left his house to his two children (one is my wife), but left his wife (niether child's monther) permission to live in the home until she dies, get remarried or co-habitates with another man. In addition, he spelled out requirements that she maintain the home, pay the taxes and any mortages. The house was clear and worth about $250,000 at the time of his death. Home is 40 years old and in Concord Village area.
He also left his personal property to his children. The widow is staying in the house and rapidly disposing of a lot of the personal property: cars, motorcyles, trailers and we believe everything else that is not nailed down.
A couple of questions: Can the adult heirs take out a loan on the property, so that the widow has to pay the mortagage? And if not, how can the heirs get acces to the home to determine condition, and if any repair need to be made? When should the heirs change the deed from thier father's name to theirs?
Secondly, how can the executor compel the widow access to the property to inventory the assets?
Any help would be great, my wife and brother have about $10,000 in Attorney's fees for the last year and don't really have much product. Their last lawyer said that the widow's lawyer had said she would move out for $100,000. This will NOT happen.
Thanks!
Mike
My father-in-law passed away in April 2006 and named his son executor. He left his house to his two children (one is my wife), but left his wife (niether child's monther) permission to live in the home until she dies, get remarried or co-habitates with another man. In addition, he spelled out requirements that she maintain the home, pay the taxes and any mortages. The house was clear and worth about $250,000 at the time of his death. Home is 40 years old and in Concord Village area.
He also left his personal property to his children. The widow is staying in the house and rapidly disposing of a lot of the personal property: cars, motorcyles, trailers and we believe everything else that is not nailed down.
A couple of questions: Can the adult heirs take out a loan on the property, so that the widow has to pay the mortagage? And if not, how can the heirs get acces to the home to determine condition, and if any repair need to be made? When should the heirs change the deed from thier father's name to theirs?
Secondly, how can the executor compel the widow access to the property to inventory the assets?
Any help would be great, my wife and brother have about $10,000 in Attorney's fees for the last year and don't really have much product. Their last lawyer said that the widow's lawyer had said she would move out for $100,000. This will NOT happen.
Thanks!
Mike