Legal Question in Wills and Trusts in Minnesota

spousal rights

My husband is terminally ill and I am having alot of problems with his family who are already fighting over who gets what. There was even talk between his ex wife and children about making me vacate the house immediately upon his death. I need to know what my spousal rights are. He has a trust with his sister as the executor and we want to make changes to that and the whole family is fighting us.

Please let me know what my rights are as the surviving spouse. We have been married since 1999. His children are from his first marriage. We have a home that will need to be sold upon his death and I don't know my rights as far as this goes either. We have lived in the house together for the duration of the marriage although he bought it with his previous wife.

Please advise me.

Thank-you


Asked on 11/17/06, 1:45 pm

1 Answer from Attorneys
Sam Calvert Calvert Law Office

Re: spousal rights

I suggest that rather than relying on your rights as a spouse that your husband immediately re-do his estate plan so that he can say, in writing, exactly what he wants to happen. The attorney drawhing the will should be told that there may be a family fight, so he or she can put in extra safeguards as to witnesses for the will, etc.

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Answered on 11/18/06, 8:19 pm


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