No Will – One Widow’s Tragic Story

(Names have been altered at request of family)

Ken and Fran had been living together for more than 11 years. Ken, previously married, had legally divorced his first wife. Ken’s two sons, from his first marriage, were now young men, living on their own and starting their own careers.

Ken and Fran had been living on a small acreage, which they had initially been renting. As the years went by Ken, a bit of a handy man, had purchase the acreage and had renovated and enlarged the original small home. In the late fall Ken had an opportunity to purchase the entire section of land which surrounded their acreage. His plan was to raise some horses and use the rest for a haying operation.

Ken and Fran went to their lender and secured the financing and the deal was completed. The next morning Ken woke up with what he thought was severe heartburn. He couldn’t have been more wrong. Ken was having a heart attack. Ken was only 55 years old and in relatively good health. Well up until that point in time. As Ken’s heartburn symptoms grew worse Fran became increasingly concerned. Finally in desperation Fran said, “that’s it, were going to the hospital.” The hospital was 40 kilometers away and as luck would have it there had been a winter storm the night before. The roads were terrible. By the time Fran arrived at the hospital Ken was already dead.

Fran was in shock. Everything, in her life, would change from that point forward. Ken was gone. They had planned to do so many things together. Now that was gone. Worse, Ken didn’t have a will. Fran wondered, “What about the loan?” “What about the farm?” “How would she survive?”

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The loan for the land they had just purchased the day before Ken suddenly and unexpectedly died was insured. She was there when they signed the loan papers. She was there when they sign the sale agreement. Surely there wouldn’t be a problem.

The day after Ken’s funeral, Fran received a call from her lawyer. The lender and its insurance company were challenging the settlement because Ken didn’t have a will. What followed was nearly eight months of legal wrangling and negotiation before Fran finally received clear title to the land she and Ken had purchased. For eight months her life had been on hold. For eight months she had had to cope, not only with Ken’s loss, but also with all the uncertainty and the financial pressures.

If Ken had only had a will none of this would have happened. “Why”, she thought, “hadn’t she and Ken prepared a will?”