This is my father-in-law's second wife. My husband's mother died a couple of years ago. My father-in-law re-married at the first of this year. They live in the house built by my father-in-law's father in the late 50s. My husband and his father own the 30 acres we live on. We built a house on that 30 acres and live 300 yards down the driveway. A couple of years ago the house they live in was deeded to my husband. My father-in-law is dying of cancer and has given his wife the right to legally live in that house until the day she dies. Nobody likes her and I mean nobody in this town. She is a mean person, very selfish, a know-it-all and does not take care of the house or yard. We want her gone. When my father-in-law dies does my husband have the right to ask her to vacate the house in which they live?
2007-08-08 01:22:25 · 10 answers · asked by Anonymous in Family & Relationships ➔ Family
I forgot to mention I live in Texas.
2007-08-08 01:40:34 · update #1
This will require a lawyer to examine the documents. A life estate could be valid, but if it followed a complete alienation of the property to your husband, there would not be any remaining estate to grant, and in that case she is a tenant by sufferance and you can throw her out.
2007-08-08 01:31:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I don't quite understand, your husband is deeded to your husband, meaning he will then own the home- but you fil has a will stating she can live there until she dies?
He may be able to fight this in court since he will be the legal owner and if he chooses not to allow her to stay in HIS home, that should be a case that the judge would consider and most likely your husband will either have to help her find a place to reside, or sell off the house, divide the share.
I would suggest he speak to his dad and get the will changed to give her money rather live in a home he leaves for his son, it is not right that he leaves the house to his son and she be allowed to stay there until she dies. Doesn't make sense.
Get a lawyer, get him to re-do his will and sign this before it is too late.
2007-08-08 09:01:22 · answer #2 · answered by brandy2007 5 · 0⤊ 0⤋
I wouldnt do it and keep civil terms with her. She may be mean and spiteful but it would probably be better to be civil and tell her your intentions a couple of weeks after the father passes away. is there a will that the dad left before he married this bitty that may be able to back up your claim. But dont just kick her out, tell her why u are booting her to the curb and then give her 30 days to find her self somewhere else to live and have her evicted thru the proper channels and court proceedings...
2007-08-08 10:52:31 · answer #3 · answered by THE UK WILDCAT FAMILY 10 6 · 0⤊ 0⤋
Get a lawyer and get that resolved before he dies. Who's taking care of your father in law? Is it the mean, selfish, know it all? If you seriously want to throw this woman out, you better have a real reason, not just that you don't like her personality.
2007-08-08 10:15:08 · answer #4 · answered by tjnstlouismo 7 · 0⤊ 0⤋
I don't think you can if your father in law has had papers made that she can live there, until she dies. Looks like you are in for the long haul with her. That is a bad situation. Looks like you will have a lot of yard work. Sorry, and Good Luck.
2007-08-08 08:29:29 · answer #5 · answered by bluebird 4 · 0⤊ 0⤋
You really need to see the attorney involved in all of this. If the house was deeded to your husband, it's his house and I would think he can give her an eviction notice. But, you also need to be sure that your father in law's will has not been changed. It's entirely possible that he signed some documents your husband may not be aware of. Please see the attorney soon.
2007-08-08 08:31:12 · answer #6 · answered by Lady G 6 · 0⤊ 0⤋
Unless it is in writing, your husband has the right to put her *ss out, it's his home.......or he could make her pay rent like a tenant.......then when she defaults he can put her out....
Speak to a lawyer anyway........just because he made a verbal contract with her does not make it leagal. And if it were just between them and no witnesses to the conversation he has all the marbles.....Don't discuss this with your dying father-in-law, he should be allowed to die at peace.... nothing in writing, not leagal......This was a family estate and she shouldn't get a piece of it.....
Is she the type of person that would have him sign such a contract during his dying days?????????Better find out...
2007-08-08 08:38:40 · answer #7 · answered by MKM 3 · 0⤊ 1⤋
Contact your Local County Government and see what the laws are in your area and then ask a lawyer or someone what your options maybe!
2007-08-08 08:32:36 · answer #8 · answered by curious4 2 · 0⤊ 0⤋
Property law varies from country to country. In the USA it varies from state to state.
You haven't said where you are, I can't give you an answer.
2007-08-08 08:29:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If he ownes it, yes. unless it is in his will for her to stay there untill she dies or if she moves out.
2007-08-08 09:20:06 · answer #10 · answered by Mantacore 3 · 0⤊ 0⤋