QUESTION

My husband's daughter is in his will for an amount of money but not on our property, can she have a lien against our property before he passes away?

Asked on Oct 27th, 2017 on Estate Planning - Nebraska
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9 ANSWERS

Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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Is she filing a lien in regards to the amount of money she is promised in her father's will? If so, no she cannot file an lien because she has no right to an amount of money prior to her father's death. She may have an interest in the property if somehow the will is found invalid or she contests the will. It would be a good idea for you to make sure you have a joint and survivor deed with your husband or a transfer on death affidavit if you are not on the deed.
Answered on Nov 04th, 2017 at 8:22 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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A will has no effect until the person has died.
Answered on Nov 02nd, 2017 at 1:55 AM

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No. His daughter has a possibility of getting some money, but has no right until her father dies, still has a provision in his Will that she is entitled to some money, there are sufficient other assets not given to someone else that could be sold to pay her that sum, etc. If he leaves his portion of the house to you [even if he merely gives you a life estate in the house with his interest then passing to her after you die], she has no right after his death against the house. If you live in California, the house normally is community property so you own half of it and his estate would only have a half interest. If title is a joint tenants, as opposed to tenants in common, then you automatically get ownership of the entire house upon his death and the daughter would have no possible claim against it as it is not part of hi estate. You need to speak to your husband to determine what he really wants to occur when he dies [does he want you to have the house without his daughter having any claim against it while you are still alive]. Read some books, especially those by Nolo Press, that explain the law and options. Since you clearly are somewhat afraid and obviously do not know the law, it would be worthwhile to you to spend several hundred dollar to speak to an attorney who handles Wills to determine how to handle his assets with the least amount of cost and trouble. If you make a mistake, it might cost you several thousands of dollars, o it is worthwhile to spend several hundred now.
Answered on Oct 31st, 2017 at 7:39 AM

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No. A will does not do anything at all until the testator passes away. She doesn't have anything at all until your husband dies.
Answered on Oct 31st, 2017 at 7:38 AM

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Thomas Edward Gates
No, she does not have rights to any sum of money until his death. Further, he can change his will as he sees fit in the future.
Answered on Oct 31st, 2017 at 7:38 AM

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Real Estate Attorney serving Battle Creek, MI
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No.
Answered on Oct 30th, 2017 at 9:40 AM

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No, interest in the will does not vest until after he passes away. There would be no way for her to have any interest in the property before that event.
Answered on Oct 30th, 2017 at 9:39 AM

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Estate Planning Attorney serving Baton Rouge, LA at The Stutes Law Group LLC
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No. A will has effect only upon the death of the testator. Even then, if the will is properly drafted, she would have no claim on the property if there is not enough cash in his estate to satisfy the bequest.
Answered on Oct 30th, 2017 at 9:39 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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No, she can't. The bequests in a will only come into existence at the person's death. Furthermore, your husband can change his will any time before his death and even eliminate his daughter's bequest.
Answered on Oct 30th, 2017 at 9:38 AM

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