Legal Question in Wills and Trusts in Nebraska

My father in law passed away in December 2010. His will states that all property transfers to his wife, who is my husband's step mother. She is giving away items (autos and the farm) to two members of her family at no cost. The will staes that when both her and my father are deceased, the estate is to be divided between her family and my father in laws family. However, she is moving monies, real estate, and possessions to two of her family memebers that do not work. We feel the one daughter is cohercing her into signing things over in a rues to make her fell we will take all her money (which we cannot touch until her death). Is there anything that we can do to stop this hemorraghing of assets to two people? We live in Nebraska.

Asked on 8/30/11, 9:01 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

If the will transferred all property to wife of deceased, she owns the property and may do anything she wishes with the property; including giving it away. Your husband may have expected to inherit something, but he has no right to inherit anything unless provided for in the will. Your husband's father could have elected to leave something to your husband in his will, but chose not to do so according to the facts you provided. An attorney would have to examine the will and probate file to determine whether or not it effectively transferred all property to your husband's stepmother and the attorney would charge you to make such an examination and provide you with a legal opinion.

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Answered on 8/30/11, 9:33 am

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