Spouse's entitlement

[BugDispenzr]

What is the name of your state? New Hampshire

My dad passed and his house in now in an irrevocable trust, it is to be sold and the proceeds go into an account for my children and neice for college.

His wife is attempting to gain a third of the money from the sale...legally can she do that with the house in trust and my uncle(executor) having specific instructions as to where all the money is to go?

 

[seniorjudge]

What is the name of your state? New Hampshire

My dad passed and his house in now in an irrevocable trust, it is to be sold and the proceeds go into an account for my children and neice for college.

His wife is attempting to gain a third of the money from the sale...legally can she do that with the house in trust and my uncle(executor) having specific instructions as to where all the money is to go?

When did he buy the house?

When did he get married to this wife?

When did he do the trust?

What does the trust say about your questions?

Was the trust originated in the will (i.e., a testamentary trust)?

 

[BugDispenzr]

When did he buy the house? He had it built back in the late 80's early 90's...I don't remember the exact date.

When did he get married to this wife? Dec. 2003

When did he do the trust? June of 99 he amended it in Oct of 2001.

What does the trust say about your questions? There is a section that says a spouse cannot change it...but a lawyer we spoke with said differently, which is why I am asking.

Was the trust originated in the will (i.e., a testamentary trust)? I'm sorry, I don't fully understand the question..this is all new to me.

The will says that everything not mentioned in the will is in his trust...he mentioned NOTHING in the will, it all went into his trust.

Is that what you are asking?

 

[seniorjudge]

The answer to your question revolves around this: Did HE own any property (mixed, personal, or real) when he got married to this woman?

I, of course, cannot answer that since I have not read the trust. However, since you said he amended the trust once before he died, then he had absolute control over the real estate.

The cour may decide that his wife did have some marital interest in the property. Otherwise, the trust would effectively disinherit a spouse...never popular with courts.

So...get a lawyer.

Immediately.

 

[BugDispenzr]

Yes..he owned the house and some land in another state before he married her.

I have 2 other lawyers looking into this at the moment...thank you for your help : )

 

[seniorjudge]

Yes..he owned the house and some land in another state before he married her.

I have 2 other lawyers looking into this at the moment...thank you for your help : )

Never a good idea (unless they are partners)...do they know about each other?

 

[BugDispenzr]

One is my actual lawyer...the other is just a friend doing some research.

I have another question..have you heard of something called the 'Nolo law'?

 

[seniorjudge]

One is my actual lawyer...the other is just a friend doing some research.

I have another question..have you heard of something called the 'Nolo law'?

Nolo is Latin for "I do not wish/want [to do something]". But the answer to your question is NO!