Antenuptial VS Will

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What is the name of your state? MO

The home of my deceased father-in-law is free and clear. Before he married about 20 years ago, the had an antenuptial prepared that gave his widow two years to live in the home. His natural children were to receive the home.
It is worth about $250,000 and would make a great tear-down. Both signed the antenuptial and his wife excluded any property that she would inherit (from death of her parents) and my father-in-law excluded any property owned by his business.

When my fatherinlaw passed last year, the will says that his wife may live there as long as she wishes, but must pay taxes, pay for the homeowner's insurance as directed by his children and any mortages or deeds due. The stepmother's attorney has advised her that this is a "life-estate" and she can stay as long as she lives. There are horrible feelings between his kids and his widow.

They have asked if they can take a moartgage out on the house for improvements and updates (houise is 40 years old) and would the stepmother then be required to pay fot the home (equity) improvement loan also? This situation is exacerbated by the fact that the stepmother has been disposing of estate (non-marital) property for over a year and refuses to give the administrator (the son) the opportunity to inventory the property of the estate.

Two attorneys, no visible work product and $10,000 later, I am asking for some help for my wife and her brother, deceased's natural children from first marriage.

Thanks!

Mike

 

[Dandy Don]

Get a specific determination from the current attorney about whether it is true or not that what she has is legally a life estate. You also need to be looking at whether she is entitled or not automatically as a surviving spouse to a share of the personal property that remains.

Executor needs to be consulting an attorney about his access into the home immediately to take a videotape inventory of the belongings. His rights as executor take priority over her refusal. Your purposes would be best served by hiring a different attorney (than the one you currently retain) for consultation/advice.

DANDY DON IN OKLAHOMA ([email protected])

 

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Attorney not too clear on Life Estate vs Possessory

I am in Missouri. We talked to the lwayer and are now even more confused. The widow has disposed of a vacation home, a Mercury Marquis, a Ford Bronco, Suzuki Motorcycle, a four-wheeler, a 28 foot travel trailer and heaven only know what else she has stolen out of the estate property. The latest twist is that she filed a restarining order against the executor of the estate.

The will says:

Atricle III Says:
I give and devise my real property, with improvements thereon (herinafter "real property") descibed as
Lot XX of XX Section X, subdivisionin in St. Louis County recorder 12/XX/xx, daily No. XXX
St. Louis County
know and numberered as XXXX CCCCCCC Drive, St. Lous Mo
to my two (2) children (names) as tenants in common, subject to a possessory interest which and devise to my wife, XXXXX XXXXX, which will allow her to occupy the premises for as long as she desires. XXXX XXX XXXX shall at least maintain (1) in conformance with all building and zoning in force and in a reasonably safe condition and in a reasonable condition for the purposes for which the property shall be from time to time be used (such minimum standard herin referred to herein as the "applicable standard" XXXXX XXX XXXXX shall be responsible for the payment of (1) all taxes, assessments which may be levid or assessed against the real property or any portion thereof; (2) mortgage payment which may be secured by a deed of trust or mortgage or any home improvement loan; AND (3) premiums on such fire and extended coverage and liablity insurance with respect to the real property naming my two children as the insured, in such amounts adn with such carriers as the children shall request and designate. In the event that XXXXX XXX XXXXX fails to maintain the real property up to the applicable standards, or pay any of the above-referenced expense, taxes, assessments, liens, or charges, then the 2 children shall deliver wirtten notice of such failure to, XXXXX XXX XXXXX. In the event, XXXXX XXX XXXXX shall fail to rectify such failure within 120 days after delivery of such notice, the possessory interest will lapse.


All the rest, residue and remainder of my property, real, personal, or mixed, of whatsoever nature situated to my two (2) children namely XCXXX XXXX and XXXXX XXXXXXX, equally, in equial shares share and share alike to the survivor of them.

Any clarification would be very helpful. The father p[assed away in April of 2006, and the executor can't get acces to the home to even inventory.

Thanks!

 

[Dandy Don]

Your attorney will need to look at the deed to the transaction of the home that she sold to determine who owned it before she sold it to figure out whether she had the legal right to sell it or not. As a surviving spouse she is entitled to a portion of this estate and you need to find out what she is entitled to.

She won't get away scot-free because her actions will be scrutinized and it will be determined that she did not have the legal authority to sell what she sold. So what is your attorney advising you? If he can't tell you how to get access to the home then find an attorney who can and who is a bit more aggressive and informed. She needs to be put on notice NOW. So what if there is a restraining order against the executor--he doesn't need to speak to her in person as she will soon be meeting him in court to face charges for what she has done--and she won't have a restraining order against his attorney. She knows that what she is doing is wrong--she is just greedy.

Does the will give her anything besides the life estate? You can't blame her for being mad--her husband should have left her more than that.

DANDY DON IN OKLAHOMA ([email protected])

 

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Very new and very interesting wrinkle

Missouuri

Thanks so mcuh for your reply. As far as the widow, she is now receiving my FIL's Union Pension and Health Plan, not getting rich, but cetainly healthy. She of course gets his Social Security ( she never worked enough to collect much), she has a new 2005 Focus that was a gift, she received not only his union death benefit, but also received a nice life insurance payment well in excess of $150K ( I know not part of the estate). She will certainly not be destitute.
We are not even trying to access my FIL's and his wife's checking account, money market or joinlty owned mutual funds.

The new wrinkle is that when my FIL was being embalmend, my brother-in-law asked for the funeral home to cut off some of my FIL's hair. We are not sure that even though he was 83 y/o, that he died of natural causes. Guess what, we just got the lab report that inidcates that the hair contained toxic levels of lead and chromium from the sample. Now I guess that we should go to the police. He may have been poisoned by his gold-digging wife. Not a probate issues, but very interesting nonetheless. Again, thank you. I am recommeding that my wife and her brother get a different and more aggressive representation.