my husbands grandfather died. and the way the will states, his wife (my husbands grandmother) only has use of the property and would not be able to sell if she would choose to do so. he left everything to his children but if they would want to sell, my husbands grandmother can say "no" and the kids won't be able to sell. this doesn't make sense to me...
2007-06-30 07:55:02 · 8 answers · asked by Mrs. Tucker 1 in Politics & Government ➔ Law & Ethics
He gifted the property to his children reserving a life estate in his wife. She can live there until she dies or chooses to move. At that time, the property can be sold or dealt with any way they want to.
This is why you hire attorneys. There may be "loopholes" in the will as you call them, but you are not going to find them if they are there. If you are that worried about it, hire an attorney.
2007-06-30 08:02:14 · answer #1 · answered by Toodeemo 7 · 0⤊ 0⤋
Sounds to me like a "life estate" to the husband's grandmother with a remainder interest to the kids.
Perfectly valid. However, the husband's grandmother may be able to sell her life estate. The buyer would only have use of the property until the grandmother's death. Also, the kids should be able to sell the remainder interest. The buyer would only get title after the grandmother's death.
2007-06-30 15:02:01 · answer #2 · answered by http://www.wrightlawnv.com 4 · 0⤊ 0⤋
It sounds like the grandfather wanted his wife to be able to have use of the property(home) for her lifetime. She has control over the property while alive and it cannot be sold until she is gone at which time the children get control. This sounds like a perfectly normal article in a will. Only and court could overturn it but is unlikely that this would happen.
2007-06-30 15:07:14 · answer #3 · answered by Kenneth H 5 · 0⤊ 0⤋
It does indeed sound like he left the home to the children with a life estate to his wife. If properly drafted, there is little that can be done about that per se.
However, in many states, a widow or widower as what is called the "right to an elective share" which means that they can't be completely disinhereited without their consent.
It sounds to me like you need to have a competent attorney review the will with you and explain it to you, and how it affects you.
Your husband's grandfather sounds like he was a wise man though, to leave a life estate to his wife, so that the children couldn't sell the property and throw her out, especially if it was his second wife, etc.
For a referral to an attorney licensed in your state, contact your local or state bar association.
2007-07-01 03:18:40 · answer #4 · answered by Phil R 5 · 0⤊ 1⤋
It does make sense.
Your husband's grandfather was a very clever man. He knew human nature and KNEW that his children would want to sell the property and probably send the mother to a nursing home -as it seems to be the case-.
The lady will live there and nobody can throw her out.
Very clever man, indeed. Very clever!!!!
.
2007-06-30 15:10:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
That's legal and binding. What it means is, she can not sell without her consent and they can not sell without their consent. Which means, the grandfather wants all in agreement before anything is done.
2007-06-30 15:00:24 · answer #6 · answered by Cheech 4 · 0⤊ 0⤋
Everyone who is named in the will has a right examine it. Sit down and read it. Whatever the will says takes precedent over what grandma says. Period.
2007-06-30 15:06:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
She cannot sell the home but can live ther. So she has the right to live there until her death,then you can sell it.
2007-06-30 15:00:13 · answer #8 · answered by ♥ Mel 7 · 1⤊ 0⤋