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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Estate Plan with Step Children Involved

    My question involves estate planning in the state of:

    My father in law bought the property in question about 30 years ago. He re married his current wife about 20 years ago. She has 2 children and my father in law has 2 children. About 3 year ago they sold there primary residence and remodeled the house on this property and moved into it. Unfortunetly about 1 year ago she developed terminal cancer and probably will not live another 6 months at this point.
    The property in question is in my father in laws name on the deed, but her names is on the remodel loan.

    She wants to see a lawyer and set it up so her children get have the estate.

    Questions are:

    Can she do this with or without my father in laws conscent?

    If they do something like this, could my father in law still sell the property to my wife and I or someone else if he wants to prior to his death?

    ONce she does die, can my father in law just change what ever back to what he wants?

    Right now, he just wants to make her happy and not cause any problems, but he really wants my wife and I to have the property. What are some options?

    Thanks,

    by the way this is in Nebraska if that matters.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Estate Plan with Step Children Involved

    She can set up her own estate plan for her own assets, and for her share of marital assets, without her husband's consent. If she includes in her estate plan assets that don't belong to her, she can't bequeath them - just as I cannot bequeath to you the Brooklyn Bridge.

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