Help!

[zach0485]

What is the name of your state (OHIO)?

I have a great uncle that came to me wanting help with his estate. long story short his wife passed away several years ago, and he remarried a younger lady, he did not want to be alone and he needed someone there to help take care of him. Well during this time he had fell and hit his head on ice. While in recovery she set up his will. She had kept the papers from him until recently. He is not satisfied with what she had done. Basically she set everything up so the farm and money go's to her. He wants his money but she has it set up in some kind of ira im assuming for 10 years. And he dose not want the farm to go to her or her kids. He had told her what he wants to do, and she is not willing to take him back to the lawyer to make the changes he wants done to his will. She had confronted me the other day, saying that nothing is going to change because he not thinking clear. Well knowing the man all my life, he seems completely competent in making decisions. He asking me for help and I don't know where to start to help

 

[anteater]

Help find an attorney that does estate planning for your great uncle. And then get out of the way. Too much involvement on your part invites trouble.

He wants his money but she has it set up in some kind of ira im assuming for 10 years.

This is not very clear. IRA's don't come with an expiration date. Perhaps, it is an annuity of some sort. Or an annuity held within the IRA. Either way, there is probably a named beneficiary which would make it a non-probate asset and not subject to a will's provisions.

 

[Ohiogal]

What is the name of your state (OHIO)?

I have a great uncle that came to me wanting help with his estate. long story short his wife passed away several years ago, and he remarried a younger lady, he did not want to be alone and he needed someone there to help take care of him. Well during this time he had fell and hit his head on ice. While in recovery she set up his will. She had kept the papers from him until recently. He is not satisfied with what she had done. Basically she set everything up so the farm and money go's to her. He wants his money but she has it set up in some kind of ira im assuming for 10 years. And he dose not want the farm to go to her or her kids. He had told her what he wants to do, and she is not willing to take him back to the lawyer to make the changes he wants done to his will. She had confronted me the other day, saying that nothing is going to change because he not thinking clear. Well knowing the man all my life, he seems completely competent in making decisions. He asking me for help and I don't know where to start to help

His wife has a right to take her intestate portion against the will. So he may not be able to stop her from getting some things. He could attempt a Transfer on Death of the property to the individuals to whom he wants to have the farm. How did SHE set up his will without his permission? She doesn't have that power or authority? All you can do is hire an attorney for him.

 

[zach0485]

Your probably right about it being some kind of annuity. He's wanting me to take him to the bank and see what its going to take to pull the money out. I don't want to get to involed with all of this, but I also don't want stand aside and watch him get taken advantage of by this woman. If the money is set up to go to her, there probably nothing he can do until he go's and talks to another attorney? I was going to take him to the attorney he has now but hes afraid he will not do what he wants because she used to work for him. I told him we need find another attorney, so that's what im looking for right now.

 

[zach0485]

I Don't know she did this, while he was recovering form his fall he had heavy bleeding on the brain and was not thinking clearly, Im guessing she talked him into doing things that he obviously dose not want to happen now.

 

[Ohiogal]

Your probably right about it being some kind of annuity. He's wanting me to take him to the bank and see what its going to take to pull the money out. I don't want to get to involed with all of this, but I also don't want stand aside and watch him get taken advantage of by this woman. If the money is set up to go to her, there probably nothing he can do until he go's and talks to another attorney? I was going to take him to the attorney he has now but hes afraid he will not do what he wants because she used to work for him. I told him we need find another attorney, so that's what im looking for right now.

"This woman" is his wife. End of story. If he wants her to get nothing, he needs to divorce her.