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Problem drafting new will! Help Please!

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PA Schwhi

Guest
Oklahoma -
January 2001 I married a widower who has two grown stepchildren. They hold much animosity toward me and have before they even met me which he is totally aware of. When we married I moved into his house but did not sell mine.

The problem is we are drafting new wills. My husband is totally comfortable in the role I asked him to have as my representative and disposing of my home and property and my wishes towards such. On the other hand all I asked of him was to put in his will basically that I have 30 days to pack and leave if something happens to him. (I believe the door would be barred to me before I returned from the services...although I keep those feelings to myself since he knows how things are). He says he wants to put in the will that everything will be split in thirds including the house and then they could not order me out until I got good and ready to leave. I proceeded to try to tell him this would only cause more problems and please just put the "30 day" clause in. He refuses to have it this way. Any suggestions???
 


I AM ALWAYS LIABLE

Senior Member
My response:

It makes no difference what he puts in his Will. You don't need to accept anything, or take on any responsibilities, that he may require in his Will.

If you want to "walk away" after he dies, you can. If he wants to give you 1/3 of his property, that's his business. It doesn't mean that you have to accept it, or do anything, after he dies. Just keep your home so that you have some place to walk to.

A Will cannot force you to do anything, or take anything, if you don't want to. It's just HIS last wishes. It doesn't mean you have to agree to his last wishes. So, let him write whatever he wants.

IAAL
 
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advisor10

Guest
AUG. 27, 2001

DEAR PA:

It is good that you honestly recognize the extent of the family animosity towards you, but in the interest of keeping peace in your own household, you should go ahead and let your husband keep the "30 day clause" in the will.

Who knows what will happen in the event of the actual death? It is usually a difficult and stressful time for the widow and surviving family members, having to take care of so many different details--you may appreciate the fact that you have a little bit of time left then to take care of everything without having to worry about someone else in the family trying to evict you. Of course, if you can afford to move somewhere else then before the 30 days are over, then you are perfectly free to do so, but at least the decision will be in your control.

SINCERELY,

[email protected]
 
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PA Schwhi

Guest
I thank you for your replies.

I don't know if I was misunderstood on one point which is he DOES NOT AND WILL NOT put in the 30 day clause - he wants to put it as I get a third.

We have a wonderful marriage and we live with the animosity but sometimes its hard to imagine how adults can act as if they are still spoiled toddlers and try to rain on everyones parade.

Thank you.
 

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