QUESTION
Is there any way my father can legally own the house?
Asked on Jan 07th, 2014 on Estate Planning - Nebraska
More details to this question:
My grandfather passed back in 2011, leaving an unsigned will (even though my mother and father were present at the lawyers, believing it was signed). Prior to his death, my grandfather got remarried after his wife passed. Because of no will, the property and house went to my father’s step mother. She abandoned the house a few months after his death and just wants the money from when we sell the house. We are having a hard time selling it. It initially was supposed to go to him and he is the executive on the house. He has been taking care of it since the step mother abandoned it. My father’s business has also been on the property for 15+ years. He really would like to own it, as it said in the will. Any information will help.
14 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Wait, without a will, grandfather's estate would have been split between his spouse and his children. If he owned the real property as tenants by the entirety with his wife, then the will doesn't matter, she owns in upon his death. Really, you should have a lawyer review the deeds and let you know how best to proceed.
Answered on Jan 10th, 2014 at 10:05 AM
You should have all documents and facts reviewed by a probate attorney as it is doubtful that the widow has an interest in the property.
Answered on Jan 10th, 2014 at 10:03 AM
Edwin K. Niles
I see a number of issues. Please see a probate lawyer ASAP.
Answered on Jan 10th, 2014 at 10:01 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Which state did your grandfather live in? In California, a portion of his assets would ordinarily go to his children, even though he remarried. Also, are you sure that the will was never signed? It may be that you have an unsigned copy, but your grandfather actually did sign another copy of the will. To find out, I would start by contacting the lawyer who was there when your grandfather may have signed the will.
Answered on Jan 10th, 2014 at 9:59 AM
Thomas Edward Gates
Sorry, in Washington, the house goes to the surviving spouse when there is no valid will. Your dad can purchase the house from his estate. The monies spent to keep up the property can be deducted from the sale price.
Answered on Jan 10th, 2014 at 9:53 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer to sort this mess out and investigate the appropriate conduct to take re the disposition of this asset.
Answered on Jan 10th, 2014 at 9:37 AM
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SEE AN ATTORNEY!!!! Your step-mother may very will only have a very small interest in the property depending upon how title was held and how long she was married to your grandfather. Most attorney's give free consultations and can really help tell your father his rights.
Answered on Jan 10th, 2014 at 9:34 AM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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An unsigned will has no effect or authority. The property passed and I suspect is exclusively titled in the wife's name. Your father needs to negotiate purchase from his step mother. You do not mention when the property was purchased relative to the father and stepmother's marriage - if the property was purchased during their marriage, the step mother would have half ownership regardless and a life estate in the rest - the will would be irrelevant even if signed.
Answered on Jan 10th, 2014 at 9:28 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, he can pay his step mother for it. If they agree on a price, perhaps she would even take payments.
Answered on Jan 10th, 2014 at 8:38 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no way to do what you want without the cooperation of the stepmother. She needs to sign off on the property. A Deed from her to your husband will take care of this. She may or may not be willing to sign, however, and if she does not do so, you have a huge mess on your hands. Are you sure that there is not another (signed) copy of the Will, at the lawyer's office or elsewhere? The situation you describe does not make a lot of sense. It is possible that the lawyer retained the original and gave you an unsigned copy.
Answered on Jan 10th, 2014 at 8:36 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Have you contacted the lawyers to make sure that the will was not signed? If the will was signed and lost it may be possible to prove a lost will. If there is no will then the rules of descent and distribution govern the distribution of your grandfather's assets. Check the deed to the house. If it was owned solely by your grandfather then it would be part of his estate and would be distributed to your grandfather's wife and to your grandfather's children. If the house was owned in joint tenancy by your grandfather and his wife, then the wife, as the surviving joint tenant, would own the house regardless of the terms of a will. If the house is an asset of your grandfather's estate then a probate estate must be opened and a representative appointed to sell the house. The expenses incurred to preserve and maintain the house can be a claim against the estate. If a business has possessed a portion of the house it may owe rent to the estate.
Answered on Jan 10th, 2014 at 8:35 AM
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Your father should discuss making a settlement offer with the widow Under Nevada law it is doubtful that unless the widow agrees that he can keep the property. He should discuss this with his attorney.
Answered on Jan 10th, 2014 at 8:33 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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You didn't mention whether or not your grandfather titled his home in his name and his new wife's name. If he did this, of course she is the sole owner of the house. In this case you could ask her to quit claim the house back to your father with some sort of understanding that he would share proceeds of sale with her if he sold the house. Because the will was never signed it really has no legal effect. The law does not permit one spouse to disinherit the other but neither does it require any parent to leave his or her children anything at all. Since your grandfather died more than a year ago it is too late to open a probate estate. You might be able to begin a legal action to determine heirship. This may give your father the ability to argue that since there was no will he would be entitled to share in his father's estate with his father's second wife. As with any legal action, you would need to retain the services of counsel.
Answered on Jan 10th, 2014 at 8:32 AM
Because there was no document meeting the requirements of a will, your grandfather's second wife inherited the property. Since she doesn't want it, your father needs to decide if he is willing to buy the property, including the house, from her. Maintenance of the property is her responsibility. The selling price should take into account the amount he has spent to keep up the house since she abandoned it.
Answered on Jan 10th, 2014 at 8:31 AM