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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37026
Experience:  Texas lawyer for 30 years in Estate law
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My wife and I are both 72 yrs old. She owns the farm on which

Customer Question

My wife and I are both 72 yrs old. She owns the farm on which we live and run about 150 mama cows. We have been together fifteen years. I would like to set up some kind of legal document that settles what happens to the farm and cows in case of her sudden death due to accident or catastrophic illness. My wife' son is 58 yrs old and my wife wants to leave the farm (770 acres, worth about two million dollars) to him. I have no problem with this. She also wants to bequeath him half the cows and calves. This I have a problem with, since her son has had nothing to do with the farm since before my wife and I got together. I feel that since my wife and I have been the sole caretakers of these cattle and since I have contributed substantially in both labor and financial resources, the cattle should be mine alone. Any solutions? This problem is causing serious problems between my wife and I.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Expert:  RayAnswers replied 1 year ago.
Here the cows and calves since they have all been acquired during the marriage are marital property.She can will her half to whoever she wants and you get the other half.A will here from her would not control your half of the marital property.As you state the farm was premarital and she can will or deed it to the son but half the cows and calves are your because they are considered marital property acquired during the marriage. You don't have to agree here to give all the cows and calves away, each of you has a half interest.
Expert:  RayAnswers replied 1 year ago.
Missouri law.. All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, and community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection 2 of this section.4. Property which would otherwise be nonmarital property shall not become marital property solely because it may have become commingled with marital property.
Expert:  RayAnswers replied 1 year ago.
http://www.moga.mo.gov/mostatutes/stathtml/45200003301.HTML
Expert:  RayAnswers replied 1 year ago.
My suggestion is that you can sell hims your half of cows and calves or will yours to someone else.Each of you needs a will setting out what you wnat ot do with your half here.I appreciate the chance to help you today.Will forms you can do this yourself.http://www.uslegalforms.com/wills/missouri-will-forms.htm
Expert:  RayAnswers replied 1 year ago.
Take care and thanks again.
Expert:  RayAnswers replied 1 year ago.
If you can leave a positive rating when we are done it is always much appreciated.

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