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If a will leaves the wife as exsecutor what happens if she wills a part of the estate to another person then he specified?

England, AR |

A great grandfather had a will that listed everything in his estate to be given to specific people upon the death of his wife. While his wife was alive she supposidly willed the home and 2 acres of 2,000 to their son. Since her death on March 1, 2012, the family has disagreed and are now waiting for their time in probate court. The son has broken into the home through a window and is now living at the residence and claims he has a deed. The daughter of the great grandparents is named as executor in his will and had power of attorney over the great grandmother. She has been responsible for everything in the estate since 2000.

Attorney Answers 1

Posted

You are going to need someone review the Wills. By your query it would appear that the great-grandfather left his wife a life-estate in the realty with various other persons being the remaindermen. If that is the case, the wife would not be able to devise her interest in the realty to anyone in her will because her interest terminates when she dies.

If the great-grandmother is the wife, the power of attorney granted to her daughter no longer has any effect because that terminates upon her death as well. However the daughter, as executor, does have a duty to protect the property of the great-grandmother's estate.

There isn't very much information in your query about the deed that the son claims to have, but if great-grandmother only had a life estate in the land, then all she could deed over would be an interest in the land during her life time. When she died the land went to the remaindermen.

Then, just to make things more complicated, you are going to have issues of dower.

Sounds like this will be in court, and anyone who wants to claim an interest in the property is going to need an attorney because it's only going to get more complicated from here.

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