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Twords in an old will-- "if she remains a widow"

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  • 5 Post By km1125
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Twords in an old will-- "if she remains a widow"

Old 01-10-2019, 07:54 AM
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Default Twords in an old will-- "if she remains a widow"

Looked at areally old family will, generations back ( I am cleaning up all the "stuff " to throw out- and an old will had a guy leaving house to his wife during the term of her life "if she remains a widow", or "as long as she remains a widow". if she died, it went to kids. But no mention of remarriage.

this was 70 years or more ago - and a curious only question, was it legit then to essentially try to prevent the wife from remarying ? sounds like thats what it was= has that changed over the years? this was 50s, really old - 70 years back.
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Old 01-10-2019, 07:57 AM
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Had a similar provision in a family will... money left to 2 kids. Both kids got married, in the case that the kid passes away, it is then left to his widow. If the widow remarries, the money is no longer the widows and instead goes to their children. Let me tell you how that widow's face looked after she learned that provision. Oh, and that widow who remarried was my mother. Yes, it was not uncommon 50-70 years ago.
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Old 01-10-2019, 07:58 AM
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The idea is not to prevent her from remarrying, but to prevent the new spouse from taking the estate and freezing out the kids.
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Old 01-10-2019, 08:11 AM
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Dad should have wrote that in his will. Money goes fast when not part of the blood trail.
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Old 01-10-2019, 09:23 AM
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If you look at what has happened to many of the old ranches, remarriage and division of estates has taken many of the large estates and the are now 100's of small ranchettes. There were a class of men a century ago, that amassed huge holdings, by marrying widows, outliving them and combining their estates. The kids got nothing.

Now, when a large estate passes to the kids, it gets broken up into smaller and smaller parts. In many counties of Texas, good luck finding any large parcels of land for sale, they simply aren't there.

One wealthy friend of mine, that DOES own a large tract is laughing, his kids are ready for him to die and pass the land on to them, they plan to split it up and sell it. He says the joke will be on them, it is in a blind trust conservancy, they will never be able to touch it, only benefit from what it produces. They don't know that, as they are uninvolved in the family businesses other than spending their stipends. The pen, is a long arm from the grave, I am told.
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Old 01-10-2019, 10:48 AM
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Originally Posted by MikeeBooshay View Post
If you look at what has happened to many of the old ranches, remarriage and division of estates has taken many of the large estates and the are now 100's of small ranchettes. There were a class of men a century ago, that amassed huge holdings, by marrying widows, outliving them and combining their estates. The kids got nothing.

Now, when a large estate passes to the kids, it gets broken up into smaller and smaller parts. In many counties of Texas, good luck finding any large parcels of land for sale, they simply aren't there.

One wealthy friend of mine, that DOES own a large tract is laughing, his kids are ready for him to die and pass the land on to them, they plan to split it up and sell it. He says the joke will be on them, it is in a blind trust conservancy, they will never be able to touch it, only benefit from what it produces. They don't know that, as they are uninvolved in the family businesses other than spending their stipends. The pen, is a long arm from the grave, I am told.
The guy we bought our place from had just about the same sort of thing in his will. Kids tried everything they could to get the money now. Nope.
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Old 01-10-2019, 11:40 AM
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Originally Posted by MikeeBooshay View Post
If you look at what has happened to many of the old ranches, remarriage and division of estates has taken many of the large estates and the are now 100's of small ranchettes. There were a class of men a century ago, that amassed huge holdings, by marrying widows, outliving them and combining their estates. The kids got nothing.

Now, when a large estate passes to the kids, it gets broken up into smaller and smaller parts. In many counties of Texas, good luck finding any large parcels of land for sale, they simply aren't there.

One wealthy friend of mine, that DOES own a large tract is laughing, his kids are ready for him to die and pass the land on to them, they plan to split it up and sell it. He says the joke will be on them, it is in a blind trust conservancy, they will never be able to touch it, only benefit from what it produces. They don't know that, as they are uninvolved in the family businesses other than spending their stipends. The pen, is a long arm from the grave, I am told.
Damned smart lawyerin'..!!!
Seems like at least one or two of them might be good for doing something constructive.
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Old 01-11-2019, 08:34 AM
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Originally Posted by km1125 View Post
The idea is not to prevent her from remarrying, but to prevent the new spouse from taking the estate and freezing out the kids.
Bingo. My grandmother amassed quite a bit of money through some lucky real estate transactions over the years. Grandfather was long dead. She remarried, and we all called him "Fast Eddie" because he seemed pretty shady, but she was happy. Fast Eddie had grown kids from a previous marriage. Grandmother dies 5 years later, and 100% of her money went to the surviving spouse, Fast Eddie. A few years later he dies, and all of the money goes to his kids, whom we had never even met. No one from our family ever saw a dime.
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Old 01-11-2019, 10:25 AM
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That old will did two things.

Originally Posted by edwardh1 View Post
... leaving house to his wife during the term of her life ...
This language limited the wife's interest in the home to a life estate, and would be enforceable so that she would be unable to devise her interest in the home to anyone at the time of her death.

Originally Posted by edwardh1 View Post
"if she remains a widow", or "as long as she remains a widow".
This language purported to further limit her interest to less than a life estate, attempting to divest her of the home in the event she remarried. This provision, as a restraint against marriage, would be void, as it would be against public policy. Exceptions may apply, but I would be surprised if they did.

Community property laws, and modern estate planning tools would come into play should anyone nowadays attempt to achieve similar results. Trust provisions deal with these issues as a matter of routine, especially in the case of blended families.
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Old 01-11-2019, 11:07 AM
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Trust = Long arm of the pen, from the grave.
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Old 01-11-2019, 07:32 PM
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My interpretation is back then it was thought women were not capable of caring for themselves. If she remains a widow then she at least has a place to live then when she dies the house goes to the children. If she remarries then there is someone new to take care of her so she no longer needs the house and now it can go to the kids. This construction ensures the house gets to the kids, sooner or later, and not someone else in case she remarries. No violation of the Rule Against Perpetuities either. Any non-current real estate attorneys want to google that and explain it? hahahaha
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Old 01-11-2019, 07:57 PM
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If he left 1/2 of the estate to the wife and the other 1/2 to the kids at his death then she or the new husband could not leave the kids out later on after her death.
hard to believe she would leave her own kids out uupon her death
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Old 01-11-2019, 09:06 PM
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Originally Posted by MikeeBooshay View Post
Trust = Long arm of the pen, from the grave.
“A hard dick will go places a man with a gun will not” Have heard this statement multiple times and my dad did it with his third wife. It took her three years to sow the seed of distrust between him and his baby brother enough for them to break up the trust my grandfather started. Once that happened she convinced dad to give her usafruct of the entire estate.
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Old 01-12-2019, 08:02 AM
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Originally Posted by 99yam40 View Post
If he left 1/2 of the estate to the wife and the other 1/2 to the kids at his death then she or the new husband could not leave the kids out later on after her death.
hard to believe she would leave her own kids out uupon her death
Hard to know in this case if they were indeed "her kids".
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