Step-Mother with large family farm

[SierraGirl]

What is the name of your state (only U.S. law)? Nevada

Hi,
When my father passed away and left me his valuable farm, my husband's ex-wife immediately said that my step-sons deserved to live in my father's house. I was heart-broken - me and my father did so much to help her and my step-sons, and they didn't even come to his funeral.

My husband pressured me into making him a co-owner of the farm. Now I'm afraid - if my husband dies, do my step-sons deserve part of my family property? I want to leave them a fair inheritance, but I want to leave my farm to my children. Have I put myself into a bad spot if my husband's ex and her children sue me if my husband dies?

 

[curb1]

You asked, "Have I put myself into a bad spot ...?".

Yes, you are "in a bad spot". If you die first, you will be in a worse spot and possibly your children, also.

 

[SierraGirl]

You asked, "Have I put myself into a bad spot ...?".

Yes, you are "in a bad spot". If you die first, you will be in a worse spot and possibly your children, also.

That was a pretty nasty thing to say that I'm in a worse spot if I die first.

 

[SierraGirl]

clarification

Maybe I should word it this way. If my husband and I write a will that cleary states what each of our children receives (money to his boys and the family farm to my kids,) can his children sue for the family farm?

 

[xylene]

What is the name of your state (only U.S. law)? Nevada

Hi,
When my father passed away and left me his valuable farm, my husband's ex-wife immediately said that my step-sons deserved to live in my father's house. I was heart-broken - me and my father did so much to help her and my step-sons, and they didn't even come to his funeral.

My husband pressured me into making him a co-owner of the farm. Now I'm afraid - if my husband dies, do my step-sons deserve part of my family property? I want to leave them a fair inheritance, but I want to leave my farm to my children. Have I put myself into a bad spot if my husband's ex and her children sue me if my husband dies?

You need to talk to an estate planner.

It is true that if you die first, your children could wind up completely disinherited.

If your husband dies first, his children could inherit or sue - ex wife less so unless she is on the will.

As it stands now, your husband already owns half the farm.

 

[TrustUser]

ya gotta wonder why a husband would pressure his wife to put him on title on a property that she inherited ?

 

[curb1]

SierraGirl,

I apologize, but it is that simple. It is not unusual for people to make poor decisions and then ask questions later. Unfortunately, it happens all the time. You need professional guidance for this. It will be unlikely that you can unwind this (or your children's) to your satisfaction. Motives of some people become more clear as time passes.

 

[latigo]

Maybe I should word it this way. If my husband and I write a will that cleary states what each of our children receives (money to his boys and the family farm to my kids,) can his children sue for the family farm?

You must discuss these issues with your Nevada attorney that can review the document by which you say that your husband became a co-owner of the farm property to determine the character of his property interest, which I assume is sole and separate rather than a community property interest.

And further, whether or not, even if you husband were agreeable, a joint will would be recognized and enforced under Nevada law. Not all states do so.

Of course you could each draw separate and conventional wills conforming to your wishes regarding testamentary disposition of the farm properties, but your husband would be free to change his will with or without your knowledge or approval.

And I strongly urge that you first consult with the attorney privately. I don’t know how strong is this marriage relationship, but I would have you attempt to unwind the transaction whereby he became a co-owner and get the property converted back by gift deed as your sole and separate property as was originally intended.

And if your husband balks on gifting the property back, you might consider you other options including attempting to set aside the transaction as having resulted from coercion.

 

[SierraGirl]

Thanks so much everyone. Your advice really helps.