father's will allows new wife to remain in home; only when sold do I receive a 3rd $

[Dave_X]

My dad passed away and in his will he stipulated that his new wife could remain living in his home (in Florida) and that if and when she sold the property or when she passed away then the assets would be split between her and my brother and I. What are my legal rights? I am a New York resident. I have concerns that the new wife could sell the condo to her family member or friend for $1 or that she could use it as collateral. Could she take such actions and if so what can I do to protect my interests?

 

[army judge]

You can't anticipate what anyone might do. She's still living and she's living in the home. She's done nothing wrong. You can only act, if she doesn't do what the will says. As far as selling the home to a relative, the will didn't speak to what you allege. If she did what you suggest, I don't see where the will would disallow that. But, that would be a matter for a court to decide. Personally, I think she'd be within in her rights by doing that. But, that's one man's opinion.

 

[Proserpina]

I tend to agree; so far you've said nothing OP that would prevent your Dad's wife from doing exactly what she pleases.