Question on Will Content

If that's all it says, then I'd say you have it correctly.

Why are you snooping? Also are you son #1 or #2?

Kidding - there is a possibility she has a life insurance policy where that $100,000 is coming from.

Do you know if she has a life insurance policy?

Real property is real estate only. Not the car, jewelry, etc.

Any chattel (that's property that isn't real estate, e. g. the car, etc.) will likely have to be appraised if valuable. The will's executor (or executrix if female) will be required to divvy up the property as closely as possible to the intentions expressed in the will. This will likely mean selling a lot of the chattel if your mother dies and is utterly out of funds.

The executor will also have to pay any bills which survive your mother's death, and they will do so out of the funds within the estate.

For more information, please contact a lawyer versed in trusts and estates who is admitted into the bar where you live, and pay that person for advice.

Disclaimer: I am a lawyer but I'm not your lawyer. This information is being given solely for informational purposes. An attorney-client relationship is not intended and does not apply.

I knew you'd be in here with your usual sage advice.

Legal sagacity to boot!

Son #1 & 2 are the executors. Son #2 has Power of attorney and Medical Power of attorney. I'll be seeking time with an attorney but thought I would pose here b4 doing so as their calendar is fairly full at the moment. Mom wants to split the house but allow #2 to keep living in it. Looks like the will needs amending if her wishes are to be carried out. No life insurance. Also, #2 has blown thru all of Mom's substantial amount of cash that was left by her late husband (Father in Law to #1 & #2).

I have been through this not too long ago - I agree if she wants her wishes for your assets, she should revisit this soon.

With little money, it might be hard to keep the house, if she has any outstanding bills, her funereal all will need to paid for before you get any assets. Why (granted a bit late now) life insurance can be very important so you do not leave your loved ones with hefty bills then need to sell what property and assets they have - which can result in her wishes not being fulfilled.

Seems #1 may be left high and drive if any of these costs/bills are high. Also remember if you keep the house as is her wish and #1 keeps half the equity while #2 lives there. #1 will also be responsible for household bills like taxes and repairs without having the advantage of being housed. I'd suggest to see if there is also some way to have the will written so that #2 is responsible for everything financially on the house, and then only upon selling #1 gets half.

#1 may end up getting screwed too if #2 sounds as irresponsible as he seems - will #2 maintain the house and pay the bills? Will #2 cause the house to be run down? Not sure if legally you can put in place or your mom would agree to put in place anything that will hold #2 responsible.