A woman I work with is in a really bad scrap with her stepchildren right now. She lost her husband not even two weeks ago to a car accident, and they're showing up on her doorstep telling her to get out of their father's house! How WRONG is that?
2007-11-28 12:11:33 · 8 answers · asked by Marina 7 in Family & Relationships ➔ Marriage & Divorce
I just don't see how they can be so concerned about a house and whatever money he left behind. Shouldn't they be grieving? And shouldn't his assets (pension, house, 401k) automatically go to her because she is his next of kin? She is too upset to even think about all this right now! I could slap those brats!
2007-11-28 12:18:02 · update #1
Depends on the state. A community property state means that all assets are co-owned by both parties as soon as they become married. Inheritances break up more families than anything else. Best advice would be for her to contact an attorney before things get out of hand.
John
2007-11-28 12:41:42 · answer #1 · answered by lorangj 3 · 0⤊ 0⤋
Number one, the man should have a will that outlines who gets what. That means, his kids will get something, the ex wife, gets something, the step wife usually will also get her share. Now as far as the house goes, depending on how its written in the will, He may have the house set to be sold, so the assets are divided equally, so each kid gets a percentage, OR, in liew of this, The wife might get the house, but will have to forfit her share of stocks, ect, that would equal the share of the equity to be divided in the sale of the house. She needs to get a lawyer, get the will, to avoid conflict, have the lawyer sit down with the kids, go over the will and its contents. This opens the dialogue between them, takes her out of the step mother and puts her in more as friend, with good intentions. Its worth doing. Thsi way, if the kids decide, ok, its written this way, perhaps we can be civil, adults and try to work out an equitable solution good for all. If they are good kids, they will do it, if not, hey, let them find out at the reading of the will.
2007-11-28 12:29:26 · answer #2 · answered by cruisepuppy7452a 5 · 0⤊ 0⤋
Depends on the state. In my state, if there is no will, the wife gets life estate in the house and 1/3 of the rest. The children get the rest. She should call the police and have them ejected from the house until the estate is probated.
Life estate means that she can live in the house, but if she sells it, the cash is divided up according to probate.
2007-11-28 12:15:49 · answer #3 · answered by CarbonDated 7 · 0⤊ 0⤋
If he didn't have a will, or her name wasn't on the house. It will probably end up in probate. But she shouldn't move out. They cant make her. And in the end she will probably get the house.
People do things that they wouldn't normally do when they are grieving. And you also have some that are just like that. They are out to get what ever they can. It is just sad, but it happens.
2007-11-28 12:17:56 · answer #4 · answered by cris 5 · 0⤊ 0⤋
Very wrong, obviously. However, you're asking for legal advice. Somewhat depends on your state. Get a lawyer. In all likelihood, the law is on her side, though, pretty much the spouse is benefitted from the law, be that as it may.
2007-11-28 12:15:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It depends upon the laws where she lives; how long she was married to him; what his will said, etc.
It could happen; she needs legal assistance.
2007-11-28 12:22:58 · answer #6 · answered by Nothingusefullearnedinschool 7 · 0⤊ 0⤋
Let this be a lesson to all out there... make sure you have a will!
Good luck. I will pray for her.
2007-11-28 12:15:46 · answer #7 · answered by box of rain 7 · 0⤊ 1⤋
depends on if he has a will. is the name is her and his, then they have no claim to it.
2007-11-28 12:15:28 · answer #8 · answered by Anonymous · 1⤊ 0⤋