My grandfather passed March 18 and his estate has turned into a mess. He was pretty well off, owned a small farm, has 2 children from his first marriage, and got remarried 20yr ago after my grandmother passed from cancer.
My mother is co-executor of the will along with his “new” wife. She has been moved into a home and is under hospice care. He had a prenup for all his personal property. Will is slated to be probated 5/26.
Here is the rub. My mom is a very laid back sweet lady that assumed that this process would be smooth and easy going. Here in the last week it has gone extremely south. The “new” wife’s kids have been coming over every day pulling stuff out of the house. This isn’t a big deal per se but now they are coming for stuff they claim is community property (that isn’t) and things that are (which my Mom and uncle) are entitled to a 1/2 interest in.
I purchased the farm and home from my grandad (understanding the fact that the new wife has a life estate interest and can remain there until she dies or it is no longer her primary residence). I was also awarded all “farm equipment” “including, but not limited to tractor and all implements, mowers, shredders, augers, blades and forks”.
I told my mother a couple weeks ago that nothing should be removed from the property until the will is probated but, like I said above, she just isn’t a very firm person. The “new” wife’s kids informed her tonight they are coming tomorrow for the farm SXS (which was bought a year after they were married) and log splitter which was bought 10yrs before they were married. I don’t want the buggy and had assumed it was going to my uncle anyway. The log splitter is totally different story. I made my spending money in Jr High using it every day. They informed my mom tonight if it isn’t there tomorrow evening they will sue her…..just out of the blue. She is an emotional mess now.
I’m planning on getting up early in the morning and taking the log splitter and buggy to my shop and when they come for them , telling them I’ll bring them back upon the will being probated. The other option is to take them way out on the back of the farm and chaining them to a tree that way they don’t actually leave the property?
If they give up claim to the log splitter they are welcome to the SXS as far as I’m concerned (even though I think a reasonable person would deduce the SXS is farm equipment).
Question: Can they press charges against me for theft and have me arrested? I don’t have a problem spending a few thousand dollars fighting them legally over the splitter just for principle. I’d rather not go to jail over it and the SXS of though.
What would you internet lawyers do? I can’t stand to see these folks walking all over my Mom. She is calling the lawyer you wrote the will and prenup in the morning but I don’t know if she will be able to get any answers by tomorrow evening.
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My mother is co-executor of the will along with his “new” wife. She has been moved into a home and is under hospice care. He had a prenup for all his personal property. Will is slated to be probated 5/26.
Here is the rub. My mom is a very laid back sweet lady that assumed that this process would be smooth and easy going. Here in the last week it has gone extremely south. The “new” wife’s kids have been coming over every day pulling stuff out of the house. This isn’t a big deal per se but now they are coming for stuff they claim is community property (that isn’t) and things that are (which my Mom and uncle) are entitled to a 1/2 interest in.
I purchased the farm and home from my grandad (understanding the fact that the new wife has a life estate interest and can remain there until she dies or it is no longer her primary residence). I was also awarded all “farm equipment” “including, but not limited to tractor and all implements, mowers, shredders, augers, blades and forks”.
I told my mother a couple weeks ago that nothing should be removed from the property until the will is probated but, like I said above, she just isn’t a very firm person. The “new” wife’s kids informed her tonight they are coming tomorrow for the farm SXS (which was bought a year after they were married) and log splitter which was bought 10yrs before they were married. I don’t want the buggy and had assumed it was going to my uncle anyway. The log splitter is totally different story. I made my spending money in Jr High using it every day. They informed my mom tonight if it isn’t there tomorrow evening they will sue her…..just out of the blue. She is an emotional mess now.
I’m planning on getting up early in the morning and taking the log splitter and buggy to my shop and when they come for them , telling them I’ll bring them back upon the will being probated. The other option is to take them way out on the back of the farm and chaining them to a tree that way they don’t actually leave the property?
If they give up claim to the log splitter they are welcome to the SXS as far as I’m concerned (even though I think a reasonable person would deduce the SXS is farm equipment).
Question: Can they press charges against me for theft and have me arrested? I don’t have a problem spending a few thousand dollars fighting them legally over the splitter just for principle. I’d rather not go to jail over it and the SXS of though.
What would you internet lawyers do? I can’t stand to see these folks walking all over my Mom. She is calling the lawyer you wrote the will and prenup in the morning but I don’t know if she will be able to get any answers by tomorrow evening.
Sent from my iPhone using Tapatalk
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