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My husband's Mother remarried (40+ years ago) and when her…

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My husband's Mother remarried...

My husband's Mother remarried (40+ years ago) and when her will was hand written it stated that all her assets were to be given to her spouse but with the understanding that he was to be fair with her children. They had a medium size bank account and a house, truck, etc. My brother-in-law was named the executor with one of his son's. Unfortunately all three of his children have been incarcerated on numerous occasions so the Step Father named his daughter in law as the executor for his estate. Before the Step Father passed he put the house on the market to sell and 1/2 of the house proceeds were going to be our portion of my husbands estate. Then the real estate contract was revised before he passed and it was drawn up for 6 months which has expired. When my husbands sister called the realtor his number is ***** longer in service. Now 2 of his children are living in the house with no telling how many x-cons. We have heard that the police did come out and arrested a known drug dealer that has been living in the house that my mother-in-law owned. Do we have any type of recourse in this situation or did my husband get the shaft? Please advise. Thank you

Lawyer's Assistant: What state is this in? And how old is the truck?

Texas and the truck is about 4 years old.

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

Well, the step father wrote out his will and hers, which we hear will not stand up in court. He kept those documents in a briefcase locked. The bank account was originally styled joint ten com, but it was changed to "with rights of survivorship" before she passed. We had the bank forward us the signature cards on the bank account after she passed (now mother had dementia before she passed) so we don't have evidence if she was dealing with dementia at the time she signed the paperwork. We could get in touch with her doctor to see when it was diagnosed. All we have is the hand written will.

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

Well, the bank did inform us that usually when someone has been divorced in a ten com state you never want to change your account over to with rights of survivorship because the children are left out. I really don't trust the Step Father. All his life he was wheeling and dealing with one thing or another. If it wasn't for my husbands Mother, this man would not have anything. He didn't own anything when she met him and everything they have now is due to what Mom did. His kids were all incarcerated for theft and one for murder.

Submitted: 6 months ago.Category: Estate Law
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Answered in 5 minutes by:
12/27/2017
Estate Lawyer: Barrister, Attorney replied 6 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,608
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.

.

Just to be clear here... Husband's mother passed and left everything to her husband... your husband's step father?

.

And mother's will was handwritten by who?.... her? or the husband?

.

Did anyone ever file a probate case to settle mother's estate?

.

.

thanks

Barrister

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