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worried about a will

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avacorinne

Junior Member
What is the name of your state (only U.S. law)? OHIO

here is our situation: my husband's mother transferred her house to him back in 2002. In her will it says that the house be left to my husband, however each sibling(4 others) are to get paid $5000 each with in one year of death. She is 87 and alive and his brothers and sisters are trying to get her to sell the house and divide up equally.

Questions are: do they have any chance of making us sell?
what happens if we can't pay them with in one year?
will we be responsible for paying all the funeral costs?
How do we know if she has an estate? would that include her pension? She has no assets.
 
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anteater

Senior Member
This was all a do-it-yourself adventure on your MIL's part, wasn't it?

If she transferred ownership of the house to your husband, then he owns it. She doesn't. And what she does not own, she cannot sell while she is alive or dispose of through a will.

what happens if we can't pay them with in one year?
I guess that they can take you to court and try to persuade the court that you owe them the money. Given that the house would not be part of her estate, offhand, I'd say that they have a snowball's chance...

will we be responsible for paying all the funeral costs?
Only if you obligate yourselves to pay them. Generally, the probate estate pays funeral costs or reimburses whoever paid out of pocket.

How do we know if she has an estate? would that include her pension? She has no assets.
Whoever the will nominates to serve as the estate's personal representative usually figures that out.

People tend to use the term "pension" loosely. What kind of pension? A defined benefit plan? A 401(K)? If defined benefit. does the pension plan provide for a death benefit? And, if so, is there a designated beneficiary?
 

justalayman

Senior Member
I don't understand something. If the title has been transferred, it is done. The will cannot do anything with the house. As far as the $5k each. The will cannot require your husband to pay anybody. The will distributes the decedents estate. If the estate is to pay each of the family members, then that is what it is but it cannot direct your husband to pay anybody money.

the estate is liable for the funeral costs. If there are no assets in the estate, either somebody volunteers to pay or she ends up with a paupers funeral.

everybody has an estate. It is how much it is worth that must be determined.
 

Kiawah

Senior Member
The legal advice you got.

"On the other hand", to promote future family unit harmony, you might seriously want to consider trying to honor the will wishes of spreading 5K money around to the other siblings, after the death and everything is accounted for.

Just imagine how your husband would feel and resentment he might have if one of the other siblings got a house, and he got nothing. I know it's not the legal position, but sometimes it makes sense to do "what's right".
 

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