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My mother in law has recently passed. In 2006 there was a…

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My mother in law...

My mother in law has recently passed. In 2006 there was a errevokable trust set up for mineral rights which is on-going fine.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

My wife passed almost 2 years ago. Probate has mostly been done. The land my wife would have received, deeded to her by her mother, my mother in law, this land has been transferred to me about 6 months ago during probate. Now my mother in law has passed away, recently, and in her will she has specified the land goes to our children and not me. Please give me some insight to this

Lawyer's Assistant: What documents or supporting evidence do you have?

My lawyer used the warranty deeds to process this for probate

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a benificary in the family trust and that too she has stated that our children get benefits here

Submitted: 10 months ago.Category: Estate Law
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9/28/2017
Estate Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,106
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Are you saying that MIL's will states that the land that MIL deeded your wife, which passed to you after wife's death, is to go to the grandchildren?

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Was wife the outright owner of the land or was there some condition on her receiving it from mother, like she gets it for life and then it goes to the grandchildren?

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thanks

Barrister

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Customer reply replied 10 months ago
The land was deeded to my wife with her mother receiving life estate income from the land, which she has been getting
Estate Lawyer: Barrister, Attorney replied 10 months ago

Ok, then MIL's will doesn't mean anything regarding the property.. She didn't own it after she deeded it to your wife, so her will doesn't have any power to control what happened to it after that.

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The only way it might control is if when MIL deeded it to your wife, she put a "string" on it that said she gets it for her life and then it goes to the grandchildren..

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But without something like that, the property is yours now solely and you can do what you want to with it.

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As for the trust assets, they are controlled by whatever the trust says because it owns the assets inside it..

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thanks

Barrister

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Customer reply replied 10 months ago
The trust will stay in effect for 10 more years but after that is what I am questioning. I am receiving benefits from that but the will also states that MIL's mineral rights will go to our children. The Mineral rights have also been deeded to my wife who, as I said has passed as well. The trust states that I received benefits as long as I don't remarry, but when the trust is done, will the mineral rights stay with me or all going to my children
Estate Lawyer: Barrister, Attorney replied 10 months ago

but the will also states that MIL's mineral rights will go to our children. The Mineral rights have also been deeded to my wife

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These are conflicting statements... MIL's will can't control the mineral rights if she deeded them to your wife.

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If the mineral rights weren't reserved by MIL and placed into the trust via a mineral rights deed, then they go with the property that your wife received.

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In order for the mineral rights to be under the control of the trust, MIL would have had to have a deed prepared from her as the grantor over to the trust as the grantee. Then the trust owns the mineral rights forever until the trust terminates.

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If she didn't deed the mineral rights over to the trust, then the trust doesn't control them.

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If she deeded them over to wife along with the physical property, then they were wife's assets, not hers, so her will wouldn't control what happens to them.

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The key for MIL if she wanted to control those assets is to keep a "string" on them so she can determine what happens to them... that would be either by putting them in the trust or by keeping them in her name..

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If she did neither, then they go to wife and then on to you since they would be wife's assets.

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Customer reply replied 10 months ago
MIL wrote her will in 1997 and the trust was restated in 2006 as well
Estate Lawyer: Barrister, Attorney replied 10 months ago

Ok, that wouldn't change anything... if the assets weren't in her name personally when she died, then her will doesn't control them..

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Customer reply replied 10 months ago
I hope I can get back with you later. Thanks
Estate Lawyer: Barrister, Attorney replied 10 months ago

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Estate Lawyer: Barrister, Attorney replied 10 months ago

Hello again,
.
I just wanted to touch base with you and check in.
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Did you have any further questions I can help with?
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Thanks much
Barrister

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