family ranch and step-family

[trixie b]

What is the name of your state (only U.S. law)? California
My husband's mother died when he was young. She owned one ranch jointly with her husband and brother-in-law. My husband's dad inherited their family ranch by his father when his father died (the ranch has been in the family for at least 100 years). When his wife died, he remarried another woman who was married a few times. She brought to the union two adult children. My father-in-law created a trust with this women leaving both his portion of the family ranch and the second ranch he bought with his original wife to his second wife and her children. In this respect, her children and his children inherited equally should the second wife die AND he also left a percentage to all of the grandchildren. In the meantime, his second wife gave her daughter at least $80,000 in a savings account and she also spent at least $100,000 on her daughter and her grandchildren while my father-in-law was living and also after his death. Is there any way the children can contest this since both ranches were owned prior to ihs marriage to the second wife? And considering it was my husband's mother that partly purchased the second ranch? Unfortunately, my husband's mother passed away in her mid-thirties and we cannot find a will if ever there was one.What is the name of your state (only U.S. law)? California

 

[curb1]

I would say there is zero chance of recovering any of the assets as you describe, except "AND he also left a percentage to all of the grandchildren."? Percentage of what? The wording in the Trust is important.

Just curious, what was the reason for excluding his own family?

 

[trixie b]

Step-children and step-grand chlidren receive same percentage in ranch as blood children and grandchildren. We know the money is gone - no questions on that; however, since this was a family ranch prior to the second marriage, we were wondering if there was any way to fight the step-family receiving this. Due to the fact that the will was drawn up this way, the ranch will now have to be sold. The sorry part is the uncle owns half of this and will more than likely have to leave as well. It is the father's half that is in dispute at this point. The original children never caused a problem with the father, but the step-mother always seemed to exclude them. Again, we can see the step-family receiving monetary, but not actual land that was in family prior to this second marriage.