like my mother in law passed away and she had a house that she had bought before she had married her husband she has one child and when she died her husband file to be the adminerstrator of her house before he new there was a will now that a will has been filed what are her only childs rights
2006-08-16 07:11:09 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on the state, since the laws vary.
Some states are community property states, and have special rules that apply to property acquired during or held through marriage. And all states have their own specific laws for how wills interact with personal and marital propery.
Whenever your legal rights are at issue, always consult with an attorney licensed in your state.
2006-08-16 07:20:41 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Whomever is the guardian of the child should contact an attorney familiar with estate law for your state. There are so many factors to your story, let alone the case law and statutes for your state, what was actually written in the Will and the order that it was written, that it would be pretty hard to determine her child's rights without an attorney. I'm not an attorney, but I do know that the child's guardian needs to act quickly because certain rights and claims can expire due to expiration of the applicable time limitations (and sometime administrators work very quickly to 'close' an estate in an attempt to avoid problems or Will fights). Be prepared, the Will may take many, many months to be resolved. Good Luck.
2006-08-16 14:38:37 · answer #2 · answered by vbrink 4 · 0⤊ 0⤋
Greedy, greedy! Let me get this straight.... you want to kick your father-in-law out of the home he lived in with his wife? How would you like to be kicked out of your house when your husband dies? I'm hoping you live in a Homestead state where the husband will automatically get the house because it was a marital domicile. How selfish can you be?
2006-08-16 21:49:07 · answer #3 · answered by aphrodite_ak 2 · 0⤊ 0⤋
LAws differ from state to state. You can challange the will if there is a basis and I dont know if you State as any provision for natural children
2006-08-16 14:28:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Can't answer because it depends on the laws in your state. the law is probably different in my state.
2006-08-16 14:18:55 · answer #5 · answered by lollipop 6 · 0⤊ 0⤋