Legal Question in Wills and Trusts in Mississippi
exwife's estate
7 yers ago my Ex-Wife pasted away i had 2 children from that marrage. In her will she made her father executor of the estate for the kids until the youngest turned 25. the kids are at this time 22 and 17. Sence her death her mother and father have seperated. The mother want control of the estate as a condition for agreeing to a divorce. will or will not this void the will as to the father is in good heath and very stable? the mother is very bitter toward my family and we fear the children will never see any insurance money or assests from the estate.
1 Answer from Attorneys
Re: exwife's estate
Your ex-wife's Trust controls. Her parents can not bargin for control. Is her father named as Trustee and her Mother as successor Trustee? That is the only scenario that fits your fact pattern. Her Father could resign as Trustee and the successor named in the Will would be appointed.
Do you have custody of the children? If so, consider filing a Petition witht he Court to determine who the Trustee is if her parents do agree to change responsibilities.
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