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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2242
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My father died 3 years ago.His Will leaves myself as beneficiary

Customer Question

my father died 3 years ago.His Will leaves myself as beneficiary to his estate provided his wife died before him. His wife's Will also states me as the beneficiary to divide his land and assets among my siblings, with him as a witness should she out live him. His wish was for the property to stay in the family. She has now decided she's going to sell out everything. Do I have any legal options to stop her from doing this. Apparently she is disregarding her Will or has updated the original.
Submitted: 2 years ago.
Category: Estate Law
Expert:  J. Warren replied 2 years ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
First my condolences on the loss of your father. I am very sorry you are dealing with this and also very sorry to have to deliver extremely disappointing news. Your mother is free to do whatever she desires with the property and may change her will accordingly to leave you and your siblings out of any estate distributions. I realize this seems unfair and is not what you wanted to hear, but it is the law and there is no legal avenue to prevent this from happening.
This is not uncommon in which a parent desires a certain outcome and trusts his/her spouse to carry out those wishes but fails to legally assure it happens. This is easy to do when you trust a spouse and many people find it offensive to assert they would not do what is right or as a person truly desires. The way to have prevented this type of situation is to have a will create a trust and put all the property in the trust for the benefit and use of the surviving spouse during her lifetime and then on her passing distribute to the surviving children. This creates a legal vehicle to capture the property and assure it is not disposed of by the surviving spouse.
Again, this is not a step most people think is necessary to take, and understandingly so, however, the results can be a disaster as you are bearing witness to at this point.
All my best & encouragement.
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