QUESTION
Do I need to let my father's wife live in the house I inherited?
Asked on Nov 01st, 2014 on Trusts and Estates - California
More details to this question:
My father passed and I will inherit the house he lived in. He left his wife with a letter indicating she can live in that house as long as she can care for herself. Is this letter legally binding?
2 ANSWERS
4 Awards
The letter ought to be taken to an attorney you find on this website for analysis. You left out too many facts for anyone on this site to be able to answer the question fully. No matter what the answer, you may always decide on your own to let his wife continue to live there, either rent-free or with some rent or charge.
Answered on Nov 04th, 2014 at 12:22 PM
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This is complicated and based on a number of factors. Did your father have a Trust? If not, did he have a Will prepared before his death? Could this 'letter' be construed as a holographic Will which would need to be in his handwriting and signed? Whose name is currently on the deed--your name, your dad's name or your dad and his wife's name? From your statement and question, it doesn't sound like your dad's wife's name was on the deed at all.
If the house is in your dad's name only and he had a Trust, then the property is distributed as per the Trust. However, if there is no Trust, and the name on the deed is only your dad's name, the property would need to go through Probate. A lawyer would need to determine if the 'letter' is binding.
Answered on Nov 02nd, 2014 at 3:08 PM