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Father wants WILL, Mother psycho about it!

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LindeaV

Junior Member
What is the name of your state? Wisconsin
My father has cancer and wants to write a will and leave his half of marital property to my children and I. My mother is giving him continous grief about him wanting to write a will. And he is suffering daily with her screaming and yelling at him. She states she is the one who desides who gets what and is the one in control of the entire estate when he dies and states that she will not leave me or my two daughters anything. She states it is her decision as to what happens to the entire estate when my father does pass. My mother states she will leave everything to my son whom is mentally disabled and incompetent in handling such, and is on disability in my care. What rights do I have as being my parents only child? What if their properties are deeded right to survivalship? Can he change this deed without her permission? Can my father gift his half to me and my daughters in a will? What can I do if my father does nothing and my mother leaves it all to my son who is mentally incompetent to handle such? Do I have the right as his guardian as to decisions made for my son? Should I get full legal gardianship of my son to handle all his finantial matters before this happens? Could my son quit claim any properties left to him to me to handle? As he is on disability and receives health insurance through the state for his health care and would lose this benefit if he received more then $3000.00 in assets. NEED HELP before my father dies!!!!!!!!!!! You can e-mail direct to [email protected] also. Thanks!
 


nextwife

Senior Member
Your mother, his spouse, is entitled to get his half of the house when he dies, if they have owned it as Jt Tenants WROS. That is also true of any other assets they own as JTWROS.

If dad wanted to someday will his half interest in the house, he should have taken title as Tenants in Common, which would have given him the right to direct via will, disposition of his interest in the real estate.

Dad can make a will, with or without her consent, but he cannot prevent mom from getting those assets that will pass outside probate, nor will away her marital share of assets.

I'm just curious WHY you'd want to prevent your mom from getting the house they have owned as a couple when your dad dies?
 

Dandy Don

Senior Member
Father should be consulting with a probate attorney to set up his will the way he wants, and still getting advice about what his spouse is legally entitled to so he can set up his will correctly.

DANDY DON IN OKLAHOMA ([email protected])
 

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