Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

?
Lv 5

Question about life estates?

My wifes father passed away about 7 years ago and has will claiming all his children as inheritors per stirpes. He had a second wife that just recently passed away and she was given right of life estate. But now that she has passed away, is that clause no longer available to her children which are not mentioned in the will? Also, her children are wanting to take everything out of the house that did not belong to her or is stipulated in the will. what kegak action can be taken to get them to cease and desist their actions. they have sworn on changing the locks and taking everything out of the house. please give advice on this asap

Update:

What legal action can be taken to stop them?

Update 2:

It is stipulated that the children of the father get all household furniture, and furnishings and all everything else including the property. The choldren of the second wife or the second wife are not mentioned as heirs to anything. This is the state of Florida. Are they trespassing and ready to commit grand theft?

5 Answers

Relevance
  • 9 years ago
    Favorite Answer

    My understanding is that a "Life Estate" terminates when the person dies and reverts totally back to your wife's family. The second wife has no right to will any of the property or personal property belonging to your father-in-laws estate.....it reverts back to your wife and her siblings.

    I would take possession of the house, change the locks on the doors and move all the furnishings to a self-storage location.

  • 9 years ago

    If you have legal counsel, you should be consulting with them regarding the probate and the distribution of your wife's father estate. No answer given on Yahoo! Answers should be construed as legal advice.

    In response to your question: The second wife had a life estate, which allowed the the right to use and occupy the property for the term of her natural life. Once she died, her interest terminated. Any children she had could not inherit under the estate unless there was a new will or codical (amendment) to the original will granting them rights prior to the wife's father's death. Therefore, NO ONE, especially her children can remove ANYTHING from the home until the will is probated under Florida law. You need to get the will submitted to probate at your earliest possible convenience, so that there is an inventory of the property, real and personal. If anything has been found to have been removed, the responsible heir will be liable to the estate, and be subject to penalties and fines.

    Source(s): 10+ years experience in real estate & probate law.
  • 9 years ago

    Your facts are a little unclear.

    The person or persons who get the home are as stipulated in the will. This should have been taken care of at the time father passed away. For example, if the will stated "House goes to Joe and Bob, with life estate reserved for my wife," then the home is now Joe and Bob's.

    If the children of the father get all household furniture, then they should go to the house and get all the furniture. What are they waiting for?

  • 9 years ago

    Read the original will!! If the will did not bestow the contents of the house (personal property), why wasn't it claimed by the heirs? My guess is that it was, and it was bestowed to the second wife along with the life estate to the real property. The real estate if your wife's and her siblings, the other stuff is marital property, and belongs to the survivor (or her heirs).

  • How do you think about the answers? You can sign in to vote the answer.
  • Anonymous
    9 years ago

    Consult an attorney NOW.

Still have questions? Get your answers by asking now.