Can i get a little free legal advice and/or opinions on a small problem?

by outlander 26 Replies latest social relationships

  • outlander
    outlander

    Hello all. I picked this forum section since it seems closest to what I'm gonna ask. Been a few months since I last posted but I always keep up with whats going on here since most of my family is J.W. Anyway, to get to the point. I posted this question on two so called free legal advice pages and both tried to get me to pay $40.00 or so before answering. Figures! So I am turning to the brilliant people here for an answer. Factual or farcical, I will read any and all replies.

    Here is the exact question I posted. "I just got married last week. My wife was married for 30 years to a man who passed away 4 years ago. In his Will he left the land and house to his son, age 35, who is married and lives elsewhere in the same town, but also stipulated that his mother has the right to live in the house until she dies. Can he prevent the two of us from moving into the old house together if we might need to do so in the future? His wife is greedy, and a Real estate Agent and she would love to get her hands on the place and sell it. House not worth much, but land is.

    So thats my problem. I've talked to him on the phone about it and he said, Quote, "It would be hard for him to swallow." So I don't really know which way he's leaning. Make his mother angry, or make his wife angry. I will check back here in a bit for what will surely be interesting reading!

  • OnTheWayOut
    OnTheWayOut

    I am no legal expert, but your questions and information are not exact legal terms.

    "...but also stipulated that his mother has the right to live in the house until she dies."
    Without further knowledge of the exact terms, that seems to me to indicate that she WAS living in the home when he died and has the right to remain there. I would think that if she moved out for any reason, such as marrying you and moving, the owner of the property would have the right to sell. The will would have to be provisional that the property cannot be sold while she is alive or living there.

    Others with more legal understanding will give better answers.

  • Finally-Free
    Finally-Free

    There are too many variables to give an answer. Were they married, separated, or divorced when he died? If married, was he able to leave the property to his son while excluding his spouse? Was the property owned jointly or did he recieve it through an inheiritence? These are only a few of many variables, and many things can change depending on which province or state you live in and the dates different laws were enacted.

    Only a lawyer who has examined all laws, wills, seperation and divorce documentation (if applicable) can give a proper response to this, and it'll cost a lot more than $40. Then you and your wife have to decide if you want to go through the stress and expense of a court battle, if it comes to that, as well as potential alienation of family.

    W

  • diana netherton
    diana netherton

    Was your wife divorced from him before he died or after? Because if they were divorced before all of the property

    would have been sorted out in the divorce and the house would be his completely. If he died while your wife

    and he were still married, it might entitle her to some equitable distribution. Other than that, you have no legal standing if

    the divorce were final and his will executed after a divorce because in order to finalize a divorce, all parties

    have to agree to the distribution of the assets.

    That's the general law here in PA. (I'm a law student, btw.) That will be $40 :)

  • james_woods
    james_woods
    Was your wife divorced from him before he died or after?

    How can you divorce your husband after he dies?

  • diana netherton
    diana netherton

    I meant did he die while they were still married...sorry. Trying to multitask here.

  • Ding
    Ding

    You need to have a lawyer examine both the deed to the property and the will.

    The alternative might be to try to get her son to buy out your wife's rights in the house so you don't end up spending all your money on lawyers.

  • outlander
    outlander

    Okay, a few more facts. Although it looks like I am going to have to go to the Courthouse and see a copy of the will. They were married when he died. As for the exact wording of the Will. I don't know, but will find out ASAP. Thanks all! Oh, diana. I have your $40.00 right here in my wallet where it will continue to acru interest. Really. Trust me......

  • diana netherton
    diana netherton

    Well, since they were still married at the time of death your wife may have a legitimate claim.

    I would get a copy of the will, death certificate for the husband and get some legal

    advice. Every state has different laws. Crazy...it might cost you more in the long run with legal

    fees though if you do plan to fight it. Good Luck!

  • Mad Sweeney
    Mad Sweeney

    If the widow doesn't live in the house at present, and the house is legally owned by the son, I would be surprised if he can't do whatever he wants with it. It is possible the widow has some claim on it but like has been said, the Will and state laws will need to be read and applied.

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