Legal Question in Wills and Trusts in New Hampshire
Hi! Thank you for your time.
The opening line of my mother-in-law's will states, "I leave to Carl (my hubby) + Susan (hubby's sister) my home on ****, NH - subject to all mortgages - to be put in a trust for all of my 5 children and all of their children to enjoy."
It then goes on to bequeath specific belongings (sewing table, rings, ect) to each person (hubby has 4 siblings), no specific mention of money anywhere.
However, the last line of the will reads, "I leave all the rest & residue of my estate to my son Carl."
Sadly, the house must be sold to pay off existing debts. There is approximately $60,000 in debt and we're hoping the house will sell for around $100,000. It's assessed at $165,000, so we believe this is a reasonable estimate.
Therefore, my question is this - since the 'residue of an estate' is defined as anything left after all debts, administration expenses, and bequests and devises from the decedent�s estate have been paid, does the remaining money from the sale of the home belong to my husband only, as 'estate residue', since having to sell the house renders the 'trust' arrangement moot? Or must it be split between he and his sister since it was left to both of them to be put into a trust? Or between all 5 siblings?
For what it's worth, his siblings want nothing to do with the estate except for their possible payout at the end, and feel it's even an imposition to retrieve their belongings from it, although they live only 10 minutes to 2 hours away and managed to get up there to ransack the place within 2 hours of her death. They will not be helping to empty or clean it up for sale. They're disgruntled that the 'runt' of the family was named executor and originally tried to hide the will and told him there wasn't one. They aren't making things difficult, but they're not helping, either, no love to be won or lost in this situation.
1 Answer from Attorneys
I would have to review the whole will, but it appears from what you have written, that after a "portion" of the house is used to pay the debts, that the other sale proceeds would be put in a "trust for all of my 5 children." However, what is written in the second line does not seem to be consistent with the first line. Also, the executor typically can submit for compensation for their time and efforts. The executor should consult with an experienced attorney immediately.
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