QUESTION
Does my wife have any rights to the house that my father left me in his will?
Asked on Feb 18th, 2013 on Estate Planning - Colorado
More details to this question:
My father's last will and testament states his house goes to me for remainder of my life, then goes to my two children to share. My question is what happens to my wife? We have been married for past 13 years and we moved into my father's house after he was put in a wheelchair. I've been disabled since 2004 and she took care of both myself and father. I wish I would have been told about the will earlier than 5 months. I'm sure I could have talked to my father about it. The will was done 6 months before he died. He loved my wife. My sister was named executor and can't believe she didn't say anything to change his mind. My father told me if my son lost custody of his 5 children he would not be welcomed at the house anymore. Son and wife lost custody of all 5 kids (drugs).
14 ANSWERS
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
It depends on exactly how your father's will purports to do this. If your father's will creates a trust for the house, it may be possible to amend that trust through judicial action; not likely. If your father's will simply requires the PR to make a deed to the two grand kids, with a life estate for you, then your wife's only protection will be in the "good" child. It's a bad situation, but be sure you take a step back modifying Dad's plan now that he has died will require a lot of custom legal work. Separate from the emotions of the situation and take a look at the bottom line: is your wife better off hiring lawyers to maybe win the right to stay in that house, or is she better off making plans now to find a new place to live after you're gone. Your estate plan could leave all to her so she have resources to find a new place.
Answered on Feb 24th, 2013 at 9:34 PM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
You have a life estate in the real estate with the remainder over to your children upon your death. Your wife does not have an ownership interest in the real estate. As long as you are alive, you give consent for your wife to live with you in the house. Upon your death, if your wife is still alive, she can only stay in the house with the consent of your children who have the remainder interest in the house. Please note that upon your death, your children then can sell the house.
Answered on Feb 21st, 2013 at 2:55 PM
Bankruptcy Attorney serving Petaluma, CA
at
Law Office of Andrew Kern
Update Your Profile
The house is your separate property and only if you deed an interest to your wife will she have an interest in the house.
Answered on Feb 21st, 2013 at 2:54 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
If you have a life estate then it is yours for your life then it goes to your children who are the remainder beneficiaries.
Answered on Feb 21st, 2013 at 2:53 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You have a really tough situation, and on its face, I would say that no, your wife does not have any rights in this property, in the event of your death. Knowing that is the case, you would want to make arrangements so that you know she will be able to pick up and land on her feet, in case something happens to you first. There is no way to change the Will now, unless all of the beneficiaries agree. You can try to make that happen. Short of that, you are pretty much stuck.
Answered on Feb 20th, 2013 at 10:04 PM
3 Awards
No. You were only given a life estate. Upon your death your children are entitled to the property.
Answered on Feb 20th, 2013 at 9:57 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It does not appear from the facts that you stated that your wife has any rights to the house. She can only rely on your children to take care of her.
Answered on Feb 20th, 2013 at 9:50 PM
Unfortunately, you wife has no claim in her own right to the property. She can live there throughout the duration of your life. But upon your death, she must move out unless your children agree to allow her to continue to live there.
Answered on Feb 20th, 2013 at 9:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You presently have a life estate in the home, your wife has not. The will is set and cannot be modified following the death of your father. Your only option is to have all of the parties with an interest in the property agree to changes in the titling or conditions.
Answered on Feb 20th, 2013 at 9:50 PM
Tax Attorney serving Portland, OR
at
Bullivant Houser Bailey PC
Update Your Profile
Your wife has no rights in the house after your death, except to the extent that your children choose to give her any.
Answered on Feb 20th, 2013 at 8:50 PM
Estate Planning Attorney serving Provo, UT
at
Randy M. Lish, Attorney at Law
Update Your Profile
No. All you have is what is called a life estate. Your kids are what are called "remaindrmen," because they have the remainder interest in the house.
Answered on Feb 20th, 2013 at 8:47 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Did he set up a trust with those provisions, or do you have a legal life estate? You may be able to buy the remainder interest from your children. If there is a trust, the trustee may be able to lease the property on a long-term lease to your wife. Since you know of the risk that you may die, you and your wife can start saving now, so that she will be able to buy or rent someplace else when the need arises. Otherwise, she'll probably have to move within 3 months after your death.
Answered on Feb 20th, 2013 at 8:11 PM
2 Awards
I assume your children would let your wife stay there? It is basically yours and then your children's. If you die before your wife, your kids can let your wife stay there. I would make sure your sister as executor transfers the house properly as soon as she legally can so there are no issues down the road.
Answered on Feb 20th, 2013 at 7:44 PM
No. It appears you have a life estate interest in the property. That means there is no property interest that would survive your death. However, if you want to be sure about the answer, you should consider consulting with an attorney who specializes in estates and estate planning.
Answered on Feb 20th, 2013 at 7:42 PM