My father's Will states that all his estate goes to his children. He was married for 4 years. The house was paid for 3 years ago. The wife did not work. What rights does she have as far as the house goes? Can she stay there or can she be forced out?
2007-05-09 11:32:24 · 12 answers · asked by holly1wood2004 1 in Family & Relationships ➔ Marriage & Divorce
Her name is not on the deed. The Will states that his entire estate go to the children. Her name is nowhere on the will which was maodified while they were married.
2007-05-09 15:29:54 · update #1
i think ishe will contest it and she can because in the pecking order the wife comes first, be prepared to battle
2007-05-09 11:37:50 · answer #1 · answered by debbie v 4 · 0⤊ 0⤋
Because they weren't married really that long and she didn't contribute anything to the house, she will probably have to leave, and I don't think she can contest the will because of the length of time they were married. If the will says the estate goes to the children then that's what will happen, you will probably have to sell the house for her to move out or you could offer her a choice to stay but she will have to buy you out or at least rent the place until she can move elsewhere.Otherwise she's out the door that's your house not hers.
2007-05-10 00:42:43 · answer #2 · answered by 24Special 5 · 0⤊ 0⤋
My wife had a similar problem years ago with the house that her husband owned. The will had many provisions that were not in accordance with the rest of the documents (quit claim deed, community property agreement, and the beneficiary statement from the life insurance). Of course, some of her step children thought that the only document that was relevant was the one that benefited them. When she and I married, the step children sued her and I in an attempt to force her to sell the house and give them the proceeds. I hired an attorney, and we were able to rather quickly halt all of the legal actions that they were attempting.
After 20 years together, my wife died of cancer. Prior to her passing, we went to an attorney and had the needed documents drawn up to be certain that I would not be subjected to the wrath of the step children.
For the record, the will said that the children should get $10,000 each. The funds did not exist to give them anything, but my wife used all of the life insurance to give each of the eight children the money that Dad wanted them to get. She forked over $80,000 of her own money, but it wasn't enough for some of the kids!
A person can leave anything in their will, but that does not mean that it is a legal obligation.
2007-05-09 19:32:25 · answer #3 · answered by Randy 5 · 0⤊ 0⤋
I think that the question is why would you want to force her out of her home? It is legally the estates, but would your father want her to be forced out of where they had a life together? I don't see where it says that she was an uncaring, selfish, disrespectful person, and that your father was divorcing her. He passed away, and I am sure that this is not what he would want you to do to his wife. So after you all have morned the loss of someone you all loved sit down and talk and maybe you all can come to some understanding. Good Luck.
2007-05-09 18:52:34 · answer #4 · answered by motherof two 2 · 0⤊ 0⤋
Legally i am pretty sure that they werent together long enough for her to get anything, and if his will states that everything goes to the children then it will, now she has every right to contest the will, if she is a ***** then she will if not then maybe she will walk away, if she didnt work or do anything then she might have some right but my dad has been married and divorced 3 times so all circumstances are different....Good LUCK!
2007-05-09 19:43:21 · answer #5 · answered by Girl K 2 · 1⤊ 0⤋
She cannot be forced out of her own house. Nor can she be cut out of the will. Typically, even if there was an attempt to cut her out, she is generally entitled to 1/3 of your father's estate. She was his wife after all, irregardless of your feelings for her. No court has upheld the complete cut out of the current wife in the will.
2007-05-09 18:58:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋
depends. is her name on the house? is the house considered part of the estate?if her name's on it, there is probably something somewhere that omits it from the estate. if her name is not on it, then she can be forced to vacate unless it is mentioned elsewhere in the will. my dad remarried last year too. he has always said that if anything happens to him, his wife gets the house. now, knowing him, it's probably listed somewhere with the lawyer but, even if it isn't, i would still make sure she stays there is she wants to. i love her and it's my dad's request.
2007-05-09 18:42:06 · answer #7 · answered by racer 51 7 · 1⤊ 0⤋
If she is on the title to the house it is her's regardless of what the will states. If you want her out you will probably have to buy her out. Also being his wife she can contest the will as it stands.
2007-05-09 19:33:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I agree with Debbie. I dont think that you can leave the wife out unless you specifically state that she gets nothing. she will likely contest
2007-05-09 18:40:33 · answer #9 · answered by tiare 3 · 0⤊ 0⤋
If she is on the title of the house she should be entitled to battle. Sounds like you are just trying to keep everything, relax, it's only material things, they come and go.
2007-05-09 18:39:46 · answer #10 · answered by marisanj 5 · 0⤊ 0⤋
That is her house, good luck trying to put her out on the streets. You should be ashamed of yourself, go earn your own living, you are disrespecting your father's memory.
2007-05-09 18:40:10 · answer #11 · answered by Anonymous · 0⤊ 0⤋