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What a mess

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sadiebee

Junior Member
What is the name of your state?ny My mother died in june and her deed to her property was in her name only also she stated in her will that her husband (my step father got life use of the household goods and appliances. We were always told by her the home would be left to her children after he passed away. They were married 22years and all the children on both sides were adults She named her husband (our stepfather) exsecitor of her will, she named me back up excutor and she did not make it clear in her will that her home went to her children. Also there was a $8000 life insurance policy she had to bury her. She named her husband as benificiary. She also have a small saving of %10000 to $15000 from her mothers estate which she wanted her children to split. Her husband decided that her furnal should be paid out of the small savings she was leaving her children. It upset us alittle that he decided to do that because that was not my mothers wishes but what ever we were not going to aruge over who's paying my mothers furnal bill. Then her children were sent papers to sign off. She died june 1st and we were givin until the 1st week of july to have the papers in to the laywers office. We felt pressured to sign the paper and I wrote a letter to the laywer explaining what we felt should happen. that the home should be ours after his death and the savings minus her furnal expences should be ours to split. I had talked to my stepfather and he was in agreement with this (my mother and stepfather had the same laywer). The laywer then sent me a letter back saying that it was the intention of my step father to put a indenture in his will and thats why we had to sign off and do it by the first week of july. We consulted a laywer and he said all the paper signing had to take place at the same meeting so everyones intrest were protected. He sent a letter to my stepfather"s laywer explaining this. Then my step father died the first week of aug. In my mothers will it states that if her husband is unwilling or incapable to act as executor of the will she appoints me as executor with the authority to sell mortgage or lease real estate of which i may die possessed. Now my step fathers children have come forward and are trying to keep everything. The lawyer (stepfathers laywer) say yes i am executor of my mothers estate, but that i am the executor of an emply estate as everything has all ready gone to her husband even though the estates not settled and the proprety is still in her name only. Now my step fathers laywer told his children that my mothers will was poorly written and is void and intestate and everything goes to my step fathers estate because he says it value is under $50000 but her children don"t agree and boy do we feel like were getting the shaft. Is there anyone who can give me some advice PLEASE
 


Dandy Don

Senior Member
How much was the funeral expense?

Are the children named as beneficiaries of anything in the will?

If your mother did not have the assistance of an attorney to help her draft her will, then that could be the reason that there are problems with this estate. Main thing you need to be doing is thave a probate attorney look at the deed/title to the home and determine exactly what rights the heirs have and exactly what rights the children have, if any. A lot depends on whose name is on the document.

You can't just take the attorney's word that the will is void although that is probably true. You may want to take it to a probate attorney to have it evaluated.

Does anyone know exactly what executor actions stepfather did with the estate before he died? You need to be checking at the bank where the account was held to see if he has claimed that account or not.

It seems like there is nothing left of value for you all to be worrying about. You need to be deciding whether you need to have your own attorney applying to become executor of this estate or has the stepfather's attorney already started taking over?

So sorry that this will not have a good outcome for you.

DANDY DON IN OKLAHOMA ([email protected])
 
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sadiebee

Junior Member
sadiebee's reaply to Don

I checked at the clerks office yesterday and the deed was still in just my mothers name- with the last line stateing that her husband had life time use of the property. Also she went to a laywer to set up her will and my stepfather used the same laywer. A laywer i have consulted with claims if there was no executor deed signed by my stepfather so the property is still in my mothers estate. Also my laywer said that when my mom died and then her husband died and the laywer was working on booth estates that it was a conflict and the laywer should resign. Another laywer I consulted said the will was poorly written (with a laywers help) because the will states he gets life time use of household goods and aplyances and the deed says he had life time use but it does"nt say what happens to the property after they booth die. But he was trying to get an indentor on his will to make sure the property went to her children and although he did"nt get to sign it we do have the letter of intent from his laywer. We would like to file a lawsuit against their laywer. What your opinion about no executor deed being signed and the property still being in my mothers estate and not my stepfathers estate None of my mothers children were mentioned in her will except yhat in the event that they died at the same time her children would get everything (her property household goods and apliances. Her husband paid 400 a month for the last 22 years and that covered everything for him. (they were both retired), That was their agreement because it was understood that it was going to be left to her children when they were both gone. Her children did all the work at her house to maintain it, his children were never around and never did any work on her home. The furnral exepences are not paid yet
 
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Dandy Don

Senior Member
Life estate means he only gets the right to live there until he dies--when he dies, it is still owned by your mother/the heirs of the estate. Start talking to a probate attorney now to figure out what your options are to protect your property and to make sure it goes through probate correctly.
 

sadiebee

Junior Member
Thanks Don, I have another question

Do you think that I could have a lawsuit against the laywer that my mother paid to help her draft her will. I hold him resposible for this mess because it seems any laywer would tell their client "ok your husband gets lifetime use of your house and household goods,but what happens after that? I really just want him to pay the extra laywer fees that I will have now to get this staightend out. I have a probate lawyer now. Thanks
 
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Dandy Don

Senior Member
You do not need to be paying any extra lawyer fees to get anything straightened out. Your mother understood what life estate meant and that is why she put it into the will. After he dies you can then sell the home or rent it out or do whatever you want because the heirs will still retain ownership, but find out if the heirs names can be added to the deed now or if there is anything that needs to be done to the title of the property because it is in life estate.

DANDY DON IN OKLAHOMA ([email protected])
 

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