Does a person living in a house have any rights to that house if they don't own it?

Question

My friend's father past away when she was younger. Her father left the house to my friend instead of his wife (her mom). My friends mom plans on either selling the house or splitting it among other family members. I say she can't do that because her name is not on the deed, my friends name is.

Answer 1

How can you be sure of the information you have. It is very unlikely that a widow would be denied her inheritance from her late husband (on death there is a rule as to who gets what and in what order) - even if he did specify in a will that he wanted to gift the house to someone other than his legal wife. The wife would have had grounds to contest such a will. Additionally, if she has been resident in the house longer than twelve years after her husbands death then she would at a minimum have squatters rights - i.e. she will own the property. What ever the reality of the situation it can be resolved in court.

Answer 2

The only way that she can do that is too bully your friend into it. If the house was left only to your friend and not her Mom than her Mom is out of luck.

Now if this happened in MA she could go to the probate court and because she is his wife be awarded half of the ownership of the house no matter what her husband requested.

I am assuming state by state on this one. Your friend should probably get a free consultation from a probate lawyer but my question is why shouldn't her Mom have any part of the house?

Answer 3

Im sure she can take it to court, but other then that if the deeds in your friend's name its his. But if they co-signed any of the papers she may have some rights.

Answer 4

100 percent right stick tight,and hire an good attoreny.

Answer 5

I agree, if it is not in the mothers name, it is not hers. It should be up to your friend.