If a spouse dies and he has land, this is the second marriage both have kids, not together,who would get the l

Question

my husbands mom died awhile back. She was married twice, her second husband was the only real father my husband ever knew. He never did adopt him. But they had a daughter together, which is his only real child. Well his only know dad has been sick alot and he owns the land that our house sits on and also his moms brothers house sits on part of his land. My husband talked with his sister about this after thier mom died and she told him that he could have the land as she would never move back here to live.But after his mom died her husband changed everything to his name. Then he remarried and she has 4 grown kids with kids of thier own.So if he was to pass who would legally be intitled to the land? and if she got it could she kick us all off the land? { I don't think she would,shes very nice} But I would like to know just in case. Thanks Dusty-too

Answer 1

You need to talk to a lawyer!

Answer 2

Legally, the last wife has claim to everything....50/50 split is the law. So yes, they could kick you off. You need to know legally what and how the will is laid out. Are you in it for this land or not? Or will you have to deal with the "nice" new wife? These things have a way of turning ugly where money and land is concerned. Find out now what your options are and be prepared.

Answer 3

The new wife would get it all and theoretically could kick you off -- however if the two died together, then it would be split. I don't know if he would be entitled to any or not.

However, if you OWN the house (not just renting or living there) and he owns the land, I don't think they could just kick you off

The best thing to do would be to "purchase" the portion of land your house sits on. This way, it would be legally yours no matter who died.

Answer 4

Depends alot on a will if there is one. If not,the land would legally pass on to next of kin which would probably be one of the 4 grown kids and then on to their kids and so forth. Since basically youre homesteading on the land,theres always the chance of getting thrown off.Now maybe the time to work out something with her just in case and to prevent some huge headaches later

Answer 5

I dont have faith marriages ought to be judged as efficient or unsuccessful like an examination or something. often human beings wont cheat in chuffed marriages. nevertheless, some couple have an awareness. it is likewise possible that couple labored out their issues and the final years have been chuffed. for this reason, it relies upon on what the surviving better half experience while he/she recollects with regard to the married existence. If he/she is lacking the better half, has extra loving memories than the few painful ones, he/she will say it became into efficient marriage. If he/she feels merely a feeling of loss for the 15-two decades of the existence wasted on better half, it became into an unsuccessful marriage.

Answer 6

This one really has to be consulted with a lawyer as to who gets the land because in this case everyone is entitled to some share of the land. From now on, it will all depend on who gets the better lawyer. On your place I would not leave it hanging like this and resolve this issue once and for all.

The title and ownership of the land can be disputed.

Answer 7

First thing you need to do is to find out if there would be a will stating that you would get the land where your house is sitting! No will--no guarantees!
Yes if the will is to her..
If the house is in your name ..she may be forced to buy it if she tries to put you off the land..at fair market value...

Answer 8

The person who legally owns the land is the one whose name is on the deed of the land. If that name is not yours or your sisters, then you have no interest in the land and you could be kicked off. Courts do not recognize "he said she said." So beware!

Answer 9

If he dies, his new wife gets everything unless he specifically put in a will for your husband...if they love each other even though they are not bio son and father, i am sure the father may have already taken care of that.

Answer 10

w/o having a will everything would go 2 the new wife. if he dies & that does happen and u r asked to move. ur husband and his sister would have 2 take the new wife 2 probate court.

Answer 11

unless he has it drawn up in his will that the daughter and the not bio son gets everything , the new wife will get everything and unless shes nice you will probably be thrown to the curb. Hope not. Good Luck