Contesting a Will?

October 27, 2015

We just received a new trust and will from my father-in-law who is a 90 year old alcoholic, It was sent to my 63 year old alcoholic husband who is an only child. It said that after my husband dies his caregiver will be a successor trustee and she will also be an executor and she can do whatever she wants with the house we live in. My husband inherited it when his mother was alive before she died 7 yrs ago with dementia and this house was not a part of the trust. In the new trust we received 2 days ago, my father-in-law is a trustee and my husband is a co-trustee added this house into the trust.


This was done despite the fact that my husband wrote a will to give it to me. The problem is my husband is an alcoholic and he can't make it to any appointment for this legal matter. I am in desperate situation as a wife. Can I hire a lawyer to resolve this? I asked the caregiver about the will and she told me it is not her problem. I am afraid my husband will drink himself to death without fixing this situation. What can I do? It seems like as soon as my husband dies, I will be out the door.


Bronze Answer Medal for All Time! 220 Answers
October 28, 20150 found this helpful

Best plan of action is to IMMEDIATELY consult with an attorney who specializes in wills, trusts, etc. This attorney must be separate from any attorneys involved in the current actions. You must be completely truthful, have all related documents organized and ready for discussion, and keep an open mind to hear everything the attorney tells you after he or she has evaluated everything. The worst thing you can do is to withhold any pertinent information that the attorney might need.


Good Luck!

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October 29, 20150 found this helpful

If your husband legally owns the house, in other words the title is in his name your father-in -law can't put it in his trust or will. Maybe I'm missing something in your question. If it's legally your husband's and you live in a community property state in may become yours if he dies. I sense your fear. You can find out whose on the title by going to the county tax website. Have you actually seen the trust and the will?

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October 29, 20150 found this helpful

In addition when you're dealing with two alcoholics you may not even be getting the whole truth.

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