Question about inheritance

[ARCHIVED THREAD] - Question about inheritance

Posted: 8/25/2004 12:05:24 PM EDT

A friend of mine has some questions about an inheritance. She is 49 years old. Her mother died 28 years ago. Her father died 10 years ago. Before her father died met a woman and they lived together for 10 or so years, but they never got married.

Before her father died he and his girlfriend wrote out a will together. It leaves his house (the one my friend grew up in with her parents) to be split equally between the 4 children (my friend and her sister, and the girlfriend's 2 kids) when both of them die.

Now for the last 10 years since my friend's dad died his girlfriend and at various times her 2 children have lived at the house. My friend however was charged rent by her dad's girlfriend when she lived there. She moved out after a year or so because she despised the fact that she was now paying rent to live in the house that she grew up in with her own parents.

The girlfriend is much younger then my friend's father. Infact she is only about 15 years older then my friend. She is pissed that her mother and father died so many years ago and has to wait until her dad's girlfriend to die to get her inheritance. Not only that but those people have all been living in the house rent free while my friend has to wait just to get 1/4 of the house.

Is there any way my friend could sue to get her 1/4 value of the house now ?

If she does have to wait until the girlfriend dies can she sue to get more then 1/4 of the house being that the other people lived there rent free for so many years ?

Posted: 8/25/2004 12:23:17 PM EDT

[#1]

Not a lawyer but had my share of wills in my life. You need to read the will for that is not typically how they are written.

Usually it is left to the spouse until she dies then passed on to the children which pretty much forbids the spouse to sell the house without splitting the estate. If this is the case or the interpetation of the clause, I'm afraid she is screwed by the will from hell as I call them.

Unfortunately a marriage license means absolutely nothing if the woman is spelled out in the will.

A will needs to be either prepared by a lawyer or notorized with two witnesses with nothing to gain. If not, you can be evil and kick them the hell out. Seen this happen.

See a lawyer.

Tj

Posted: 8/25/2004 5:00:23 PM EDT

[#2]

I'm pretty sure there is absolutly no way the oler lady could charge her rent due to the fact she is part owner! Unless your friend charges the older lady rent too. Does your friend pay any of the property taxes?

Posted: 8/26/2004 5:38:03 AM EDT

[#3]

+3 "see a lawyer"

ETA: For specifics, I defer to Steve, below, for he obviously didn't sleep through his 8 am "stiffs & gifts" class. To me, Property Law is a blur as well.

Cheers, Otto

Posted: 8/26/2004 6:39:58 AM EDT

[#4]

The girlfriend has what's called a life estate and in most states (probably all) she is the sole owner of the property so long as she is breathing. She can do whatever she wants with the property so long as 1) she does not sell it beyond her life 2) does not "waste" the asset. Most states have equitable remedies for remainderman (those who take after death) who feel the life estate owner is wasting the propery (destroying, for example, the ground or rendering the property unsafe or unusable or not paying taxes, etc.). Regardless, the remainderman cannot sue for their interest during the black widow's lifetime- they have to wait till she croaks to get the property.

Quoted:
I'm pretty sure there is absolutly no way the oler lady could charge her rent due to the fact she is part owner! Unless your friend charges the older lady rent too. Does your friend pay any of the property taxes?

That's wrong, she can charge rent to whoever lives in the property during her life. No question about that.

Go see a lawyer for state-specific advice.

Posted: 8/26/2004 7:44:01 AM EDT

[#5]

Well, you learn something new every day! The law still seems a little messed up though, as I cannot imagine a law ever seeming unreasonable.

Posted: 8/26/2004 2:32:58 PM EDT

[#6]

Quoted:
To me, Property Law is a blur as well.

Cheers, Otto

I'm with you. I couldn't stand that area of law in law school- it was very boring.

I've litigated a few will contests- they're kinda fun.

patrickcudd, where'd you get that pic for your avator- it kills me everytime I see it. I want one for my wife, I'm sure she'd think it's funny . . . right?

[ARCHIVED THREAD] - Question about inheritance

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