BACKGROUND INFO / TIME LINE OF EVENTS:
My father was married, but separated (his wife left him / moved out of their house on 12-21-2011. My father passed on 5-31-2012. My father left the house in a reverse mortgage which originated in September 2009 (at that time he added his wife to the property deed). On 2-08-2012 my father filed a Living Will in Probate
Court leaving his wife $1.00. In his Will he states “I, give, bequeath and devise to my wife at the time of publishing this my last will
, JANE DOE, $1.00 (one dollar). This Will does not provide beneficial property to JANE DOE, I am fully aware that I have a wife and I choose to leave my property, etc. to my children”. Additionally, my father left me his interest in the house, and all of his assets. He left his other four (4) children $500.00 (Five-Hundred Dollars) each from his estate
, and he appointed me as Executor of his estate.
Now, his wife has filed for a years support claim against the estate. The claim is based on the house, which sits on 2.6 acres of land, and all household goods and furnishings totaling the amount of $110,000 (One-Hundred Ten Thousand Dollars). I believe that because the County appraisal is $80,000 (Eighty-Thousand Dollars). The Estimated market value of the personal property is about $30,000 (Thirty-Thousand Dollars). The Reverse Mortgage loan payoff total is $170,000 (One Hundred-Seventy Thousand Dollars). My father lived off approximately $1,100.00 (Eleven Hundred Dollars) per month. His bills were approximately $500.00 (Five-Hundred Dollars) per month. I have made plans to liquidate the personal property of the estate. What monetary amount or percentage of the estate should I expect the judge to award my father’s wife based on the information provided? How is the year’s support actually determined?
My father’s wife is also claiming that some of my father’s assets were “bought during the marriage”. Would these items she is claiming be considered as “community property”? If so, what percentage is my father’s wife entitled to upon liquidation of the same?