QUESTION

Can people threaten me about selling my house if the title deed is on my name?

Asked on Nov 05th, 2013 on Estate Planning - California
More details to this question:
Hi. My husband passed away and sorted out all legal papers with regard to our house. The title deed is on my name. Can my husband's siblings now fight with me because he did not pay them their share? At the time, they said they did not want anything but decide they need it now. Can they do anything to harm me legally? Can they go to court and sell my house?
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12 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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If your in-laws had some claim to the property prior to you such as your husband and his siblings inherited the property together and then agreed that he could live in the house for the rest of his life, after which the house would be sold and the income distributed amongst the remaining siblings then they can take you to court to regain possession. You don't indicate why they think they have a claim on the property.
Answered on Nov 11th, 2013 at 8:27 AM

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Thomas Edward Gates
You need to contact a probate attorney. The terms of the will will govern any distribution.
Answered on Nov 11th, 2013 at 8:25 AM

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Probate Attorney serving Las Vegas, NV
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The question is are you a bonafide purchaser for value. You sound like you are not. I suggest you retain an attorney to address your situation and discuss your next steps.
Answered on Nov 11th, 2013 at 8:20 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Your situation sounds very strange. I do not see how they could do anything with your house, since only you are on the title. If there were claims against your husband, those claims may have died with him. You need to have all of your facts and paperwork reviewed by an attorney to determine where you stand.
Answered on Nov 11th, 2013 at 8:14 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I don't know. You will have to talk with a local attorney about all of the issues. There are too many questions that have to be asked and answered to give you a good opinion.
Answered on Nov 11th, 2013 at 8:04 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You are advised to seek the services of a competent lawyer to direct a letter to your former husband's children to stop threatening you, as you succeeded to the house from your former husband, and title is with you. The letter should advise them they may be on the short end of a lawsuit for harassment.
Answered on Nov 11th, 2013 at 7:58 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I need more details, but if you are the only person on the deed, it is your house unless there is a security interest due to a loan.
Answered on Nov 11th, 2013 at 7:55 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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Have an attorney review title. Without seeing title it is impossible to say.
Answered on Nov 11th, 2013 at 7:53 AM

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Estate Planning Attorney serving Castle Rock, CO
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You should know that anyone can go to Court and claim anything, that does mean they will be successful. To properly protect yourself, immediately contact an attorney specializing in estate litigation.
Answered on Nov 11th, 2013 at 7:51 AM

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I'm not sure where you live, but typically the home is joint with the spouse and it goes to the surviving spouse at the time of death. If it was not joint and your husband had a will it should have been divided according to the will. Heirs can and sometimes do refuse their inheritance, in that case the property is divided as though the person who refused their share had died previous to the donor. If the siblings refused their inheritance they cannot reclaim it after the probate. If there was not will typically states have laws that give the property to the surviving spouse and children (if any) and not siblings. Please check the law where you live and if you still have questions contact an Estate Planning Attorney.
Answered on Nov 11th, 2013 at 7:50 AM

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David Thomson Egli
Anyone can threaten you. The real questions are: (1) Did they have any basis to assert they had any rights in the residence in the first place and, (2) If they do, did they lose those rights by failing to assert them and allowing title to be transferred to you. What shares do they claim they had? The siblings are not heirs of your husband. Were they beneficiaries of his will? Was the residence a family residence passed down to husband from his parents and the siblings claim that he was suppose to share it with his siblings? How was title to the residence held before your husband's death? How was the house title transferred into your name? Did the transfer process require giving any notice to the siblings of the transfer to you or the signing by the siblings of any document authorizing the transfer to you? Assuming that the siblings had any rights to the residence when you husband died, if they failed to assert these rights or signed anything authorizing transfer of title to you, you probably have several valid defenses to any action they may bring. There are too many questions and documents in this matter that must be reviewed before answers can be given to the real question. Don't agree to give anything to the siblings until you've gone over all the documents and facts in this matter with an experienced estate attorney.
Answered on Nov 11th, 2013 at 7:39 AM

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Edwin K. Niles
If title is in your name, what can they do?
Answered on Nov 08th, 2013 at 2:18 AM

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