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Home > Law > Family Law   »   Need will?

 
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Old Aug 2, 2006, 06:04 PM
greatmike
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Need will?

Hi,

I'm very inexperienced with wills.

Here's situation: my dad lives with new wife in Texas, and house is worth over half a million dollars.

Problem: house is in only in wife's name. So, if dad passes away, house will be completely owned by wife, correct?

Anything I can do to prevent this? My dad used half his money to help buy the house. thanks

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Old Aug 2, 2006, 11:42 PM   #2  
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I think by law the house would become your dads wife's, yes.

But if your dad has a will and on his will he specifically states that the house would become yours, then you should be ok.

I dont know the law in Texas.

Best person to speak to is your dad.

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Thomas1970 agrees: Good answer.
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Old Aug 3, 2006, 01:57 AM   #3  
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I would tend to agree with Krs.
As long as she has no money of her own invested in it, otherwise she could probably dispute any will to a degree.
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Old Aug 3, 2006, 02:07 AM   #4  
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The law in Malta does state that under no circumstances can you see your father's will until he is alive. Only your father can and his notary!

The best way to find out if you are going to inherit his property after his death is to speak directly to your dad. But he has all the right not to tell you.

And also the law in Malta states that a spouse is next to inherit if their partner dies, spouse before children.

Although she isnt your mother, she is your father's wife.
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Old Aug 3, 2006, 03:28 AM   #5  
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Quote:
Originally Posted by Krs
...under no circumstances can you see your father's will until he is alive.
lol, um...did you mean "until he is deceased"?
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Old Aug 3, 2006, 04:18 AM   #6  
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Quote:
Originally Posted by rickj
lol, um...did you mean "until he is deceased"?
Ok ok RickJ... Your english is better than mine....
it is my 2nd language after all. But then again i do speak it better than my first language lol
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Old Aug 3, 2006, 05:13 AM   #7  
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Hello Great:

A will is only going to transfer property he owns. As you said, he doesn't OWN the house. The problem is how title is held. Your dad needs to change it so that his heirs get their "rights of survivorship". Then he doesn't even need a will to make sure the property transfers to you, although he still should have one. I think you both should see an attorney.

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Old Aug 3, 2006, 06:06 AM   #8  
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hi everybody,

thanks so much for all the helpful answers.

one question that comes to my mind...is it true that even though the house is not in dad's name, by having a will stating that property should be transfered to me I would still get a percentage of the house?

thanks
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Old Aug 3, 2006, 06:16 AM   #9  
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Hi again, great:

NO! Re-read my answer. Your dad doesn't own ANY of the house. Therefore, NONE of it will transfer to you. That's NONE, ZERO, NADA, ZILCH.

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Old Aug 3, 2006, 06:28 AM   #10  
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Why is the house only in wife's name?!
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