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Some advice would be appreciated

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WiSon

Junior Member
What is the name of your state? Wisconsin

Background info: My parents divorced years ago and my father remarried. His house has always stayed (only) in his name and it was purchased and was paid for several years prior to his remarriage. In fact I believe it was bought in 1973 and he remarried in 1988. He passed away earlier this year and has left the house to his children from the previous marriage. This will was drawn up in 1978 and has never been updated.

My father's intention is that he wanted the house to stay in the family and that he had set up several life insurance policies for his wife. The total of the policies and other holdings left to his wife add up to around two times the value of the house give or take a little.

The person he named to administer his will has declined to act due to pressure being applied by my dad's wife to give the house to her as she feels it should be marital property. He didn't want to get involved in the potential family dispute and backed out.

She is now trying to be appointed to that position and I have been sent a waiver to sign.

Here is my question. My feeling is that given that she has the not so hidden agenda to take the house, or at least half of it, I feel that there is a conflict of interest and I am not comfortable seeing her in this position. Is there anything I can do? I'd like to see some one administer this who would look at this a little more fairly.

Perhaps she is due the house, but I'd like to have that decision made legally prior to her just doing it in the new position she could be in. My fear is that once appointed she'll be able to make a decision and the onus will then be on me to file some sort of objection to her move as opposed to her having to file one to change the will.

I have wrestled with this for months and I miss my father and it's hard to really think about this. I don't want to let greed rule the day, but I have finally settled on the feeling that I want to have what my father has left for me. I have a son and I have set some things up for him and I surely wouldn't want him to feel guilty for wanting what I will leave him, nor should I be made to feel guilty or greedy. But at the same time, if it's not legal for me to have what my dad left me, then I would accept that.

Thanks for reading this and for any advice you might have for me. I want to do the right thing for me and for everyone else in the family. He has only been gone for a few months and I in no way want to get into a squable and see a divide in the family.
 


Dandy Don

Senior Member
It doesn't really matter who administers the will--it will have to be done in accordance with the state law.

Right now you don't have enough information to know what your position is legally. You really need an attorney at least for consultation about whether or not to sign the waiver. There may be no need to sign the waiver if in fact you have rights as a beneficiary to the home. Get informed so you can make the right decision. Don't sign anything without first getting an official opinion from your attorney who can at least review the will and the waiver.

DANDY DON IN OKLAHOMA ([email protected])
 

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