QUESTION
Is an agreement still in effect after one party to the agreement dies?
Asked on May 08th, 2024 on Wills and Probate - California
More details to this question:
My two brothers and I are parties to an agreement that allows my mother's husband to live in our house following her death in 2009 . One of my brothers died Nov 20, 2023. Is the agreement still in effect? Also her husband has breached some of the terms of the agreement.
1 ANSWER
Most states have homestead protection for the surviving spouse that allows said spouse to have a life estate possessory interest in the deceased spouse home. This would be despite any contractual agreement with a third party to the contrary. Confirm with a probate attorney for specific advice to your situation.
Answered on May 08th, 2024 at 12:08 PM