QUESTION

What rights do have . if any

Asked on Jun 20th, 2012 on Estate Litigation - North Carolina
More details to this question:
My husband owmed a trailer that was afixed to his parents property by underpening . His dad passed 2 days before my husband and his mother died 10 months pryor to my husband. I lived in the trailer, after my husband passed his sibblings wrote me a letter and insisted they wanted the property and I had to move. After my husband died I had no income because I came off the road from driving trucks for 18 yrs to take care of him.
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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I offer my condolences on your grief and your difficult situation. In most states a wife has more rights to her husband’s property than his siblings do. The siblings may have the right to the land and the home of their parents. However, they would have no right to the trailer unless your husband wasn’t its sole owner, or if he had made some written agreement with his parents or siblings. If the trailer was titled in your husband’s name only or, jointly in both your name and his, you can fight for ownership of the trailer. You will likely have to remove it from the parent’s property. Inheritance has much to do with legal relationships, titles and documented beneficiaries but little to do with whether or not you had employment income or were a caregiver to your husband. Inheritances are usually not based on what an heir deserves, but on the testator's desire or legal requirement to give. From what you wrote, it is not clear whether you have moved out of the trailer or whether the siblings’ letter simply asked you to move. Your husband most likely inherited a share of his parents estate and you may be entitled to all or a portion of his inheritance depending on how the Wills were written. Your smartest move would be to hire the best probate lawyer you can afford to help you determine whether you own the trailer and or a portion of his parents’ estate. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com  
Answered on Aug 02nd, 2012 at 11:42 AM

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