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iku · Jan 16, 2008, 07:36 PM

My father passed away 4 years ago, his will stated that his estate was to divided between me, my brother and my stepmother. Apparently the house automatically went to my stepmother (It wasn't mentioned in the will). My stepmother told me after that the agreement between her and my dad was that if he died first, she would leave the house to me and my brother in her will (she has no children of her own and when I asked about why her nieces should get nothing she said she had other assets for them).

That all sounded fine, but she has since made it clear that she wants nothing to do with me or my brother, she has not said that she will not honor her promise but based on the fact that she has broken off contact with us, I suspect she does not plan to leave us the house after all. I can't be sure of this of course, on one had I feel badly even suspecting that she might go back on their deal as they very much loved each other, she has always said that my father was the best thing that ever happened to her and not honoring their agreement is basically the same as stealing from him after he died and it's hard to imagine her doing that. On the other hand, neither I or my brother have not done anything bad to her that would explain why she has sort of turned on us and does not wish to communicate with us so unfortunately I can't take it for granted that she will honor the agreement either.

Can she just do what she wants with the house or do my brother and I have any rights in this case.

The house was bought about 40 years ago, my parents got divorced about 5 years later, and my dad remarried about 5 years after that. My stepmother sold her house at that point and paid off the remaining maritage so it's fair to say that they both paid more or less equally for the house although I don't know the exact details.

Sorry for being so wordy.

This is in Toronto Canada.

Fr_Chuck · Jan 16, 2008, 07:50 PM

Sorry for the loss of your dad
If she was listed as joint owner with your dad with right of survivalship, yes the house would have went just to her.

And now she owns it and can do what she wants with it, her verbal agreement with her late husband is not binding,
Had he wanted to be sure, he would have left the house in trust to you and allowed his wife a life estate ( could live there as long as she lived)

But sounds like she has it and can do what she wants

George_1950 · Jan 17, 2008, 07:18 AM

iku wroites: "his will stated that his estate was to divided between me, my brother and my stepmother. Apparently the house automatically went to my stepmother (It wasn't mentioned in the will)." Please understand this contradiction about his house and his estate: your father's interest in the house is part of the estate. Fr_Chuck is describing a deed called 'joint tenancy with right of survivorship'; I doubt this is how your father owned the house because it was purchased when he was married to your mother. You need to get a copy of the deed and have it reviewed, along with the will, by a competent lawyer. Where I am from, you are being 'hoo-dooed'.

ScottGem · Jan 17, 2008, 07:32 AM

While George has a point, I think someone who went through the task of preparing a will, would have set up his estate. From what you said, they were married about 30 years, so I suspect he did transfer the house. Was the will probated? If so, then its an even greater chance that the house went directly to her.

But definitely check it out. You can go down to the local county clerk and get a copy of the deed with a history.

JudyKayTee · Jan 17, 2008, 08:21 AM

[QUOTE=iku]My father passed away 4 years ago, his will stated that his estate was to divided between me, my brother and my stepmother. Apparently the house automatically went to my stepmother (It wasn't mentioned in the will). My stepmother told me after that the agreement between her and my dad was that if he died first, she would leave the house to me and my brother in her will (she has no children of her own and when I asked about why her nieces should get nothing she said she had other assets for them).

That all sounded fine, but she has since made it clear that she wants nothing to do with me or my brother, she has not said that she will not honor her promise but based on the fact that she has broken off contact with us, I suspect she does not plan to leave us the house after all. I can't be sure of this of course, on one had I feel badly even suspecting that she might go back on their deal as they very much loved each other, she has always said that my father was the best thing that ever happened to her and not honoring their agreement is basically the same as stealing from him after he died and it's hard to imagine her doing that. On the other hand, neither I or my brother have not done anything bad to her that would explain why she has sort of turned on us and does not wish to communicate with us so unfortunately I can't take it for granted that she will honor the agreement either.

Can she just do what she wants with the house or do my brother and I have any rights in this case.

The house was bought about 40 years ago, my parents got divorced about 5 years later, and my dad remarried about 5 years after that. My stepmother sold her house at that point and paid off the remaining maritage so it's fair to say that they both paid more or less equally for the house although I don't know the exact details.

You would have to look at the Will and see the specific language - legally, verbal promises (and what she "should" morally do) aside - if the house was jointly owned and not part of the Estate then it is hers to do with what she wishes. Why do you "suspect" she is not going to leave the house to you?

I dislike these verbal agreements - finances change, situations change, people have problems between them. There are lots of non-binding "if I die this is what I want you to do for my children" agreements floating around out there - these things should be covered by Will.

What do you think she intends to do with the house - it appears that you believe she paid for half of it; does she intend to leave it to her relatives?

Would appear on the face that she is under no obligation to leave you and your sibling the house.

George_1950 · Jan 17, 2008, 08:28 AM

It all begins with your Dad and Mom's purchase of the home; how was it titled? Then the divorce; did Mom quit claim her interest, or is she still on the title? It is called a title search because things that could have and should have been done may not have been done. But don't take your step-Mom's word for any of it. Furthermore, you are not her heir.