My father in law passed away December 8, 2010. He had a will stating that all assets went to his surviving spouse and upon her death all assets were to be divide between the two families, my father in law's and his wife, my STEP mother in law. However, the STEP mother in law has elected to transfer the deed to the farm that my father in law purchased with HIS funds to HER daughter and gave away an automobile to HER son. Basically, she is trying to make sure that my husband's side of the family get nothing and her daughter and son, niether who work, will get everything. Her other two daughters are also appalled by this action and do not think this is right. Can anyone give us direction on how to proceed with this or if there is anything we can do to CONTEST the transfer? We live in Nebraska.

Please clarify - how was the farm property titled? Your step mom-in-law can't transfer the deed to someone else unless she is the owner. Could it be that the property was titled in both your FIL's name and your step MIL, as joint owners with right of survivorship? If that's the case then the property is not controlled by the will - it would pass directly to her upon his death, and then she could do whatever she wants with it. Same thing with the car. However, if the property was titled in his name only then the executor of the estate must abide by the will and split the property equitably between the families. If the executor is not doing that (and perhaps your step MIL is the executor?) then your husband's recourse is a lawsuit. He should consult with an attorney to see what his options are.

**EDIT. I just realized I misread your post. If your FIL dictated that the property could be used by your step MIL as long as she lived and then would be split upon her death then he must have set up a trust that would own and manage the property as long as she lives. Is that right? The trust document would name a trustee who is responsible for handling it. So your complaint is with the trustee, who apparently has disregarded the terms of the trust. If your step-MIL is the trustee, then again - your recourse is a lawsuit against her for violating the terms of the trust, and your husband should consult an attorney.

Unless a trust was set to distribute the property after his spouse's death, then the clause was meaningless. Once the spouse inherited the property, it became hers to do with as she wished. Your FIL's instructions would not be binding.