QUESTION
So if Dad dies. And mother takes the house because of joint tenancy. What about the Will that dad had?
Asked on Oct 05th, 2022 on Elder Law - Nevada
More details to this question:
My boyfriend’s dad died in 2015. He has 3 brothers. The mother got the house because of joint tenancy. Mother’s sister moved in. Claiming she is a caregiver. And now the house is in a trust leaving everything to the sister and the sister’s daughter. The boys are freaked out. The aunt is a total biotch. So no one will visit the mom. The mom is still alive. I keep telling them to go visit their mom. But the sister is always there. The house is worth about $450 grand. The mom took a loan out on the house in 2019 for $80 grand. It just sounds fishy to me
1 ANSWER
There is no law that requires a parent to leave money to their children. Parents can disinherit their children if they choose to do so. In your fact pattern, the house was in joint tenancy between the husband and the wife, and the deed always takes priority over a will. When the husband died, the wife then took total ownership of the property. If she wants to leave her property to her sister, then she can do that. However, if her sister is exercising undue influence and pressuring her to leave the property to herself, then the will can be challenged in court by your husband and his siblings.
Answered on Oct 05th, 2022 at 12:40 PM