"Deathbed" Will and Trust

[joepar2567]

Wondering about a wife's Deathbed Will and Trust taken out in Idaho that gives away assests that been accumulated in a 20 year marriage without the knowledge of her husband. There was a prior older Will at an attorney's office, but it had not been signed.
The Wife did not work or aquire her own assests during the marriage of 20 years, but did bring tangible assests into the marriage from her prior marriage.
This appears to have been done to deny control of her half of the community property to her husband and have it distributed as she wishes. There is only 1 dollar of money in the trust.

 

[VeronicaGia]

What is your question?

 

[HomeGuru]

Good question.

 

[Dandy Don]

Did the death occur in Idaho?

Do you have a copy of the will and trust?

Have you been able to attend any of the probate court hearings about this matter?

The older will has no relevance since the newer will takes priority. If the trust is only worth a dollar, then you need to determine what and where the other valuable assets are. You really need to be consulting with a local trust attorney or probate attorney about this (take the trust and will with you if you have copies of them or the originals).

Has the trustee or executor started probate with the newer will? Was the husband specifically disinherited from the newer will? about this situation? As a surviving spouse you are eligible for a share of the estate unless you were specifically disinherited by the will.

DANDY DON IN OKLAHOMA ([email protected])

 

[Dandy Don]

According to the law in Idaho, a surviving spouse is entitled to 1/2 of the community property, and also the surviving spouse MUST be mentioned in the will. If spouse is NOT mentioned, then it is possible to get the will revoked to get a larger share, so it is very important that you consult with a local probate attorney to get your spousal rights enforced!!

DANDY DON IN OKLAHOMA ([email protected])

 

[joepar2567]

Thanks