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

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 don't know the law in Texas.

Best person to speak to is your dad.

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.

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 isn't your mother, she is your father's wife.

Quote:

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Originally Posted by Krs

...under no circumstances can you see your father's will until he is alive.

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Lol, um... did you mean "until he is deceased"? :o

Quote:

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Originally Posted by rickj

lol, um...did you mean "until he is deceased"? :o

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Ok OK RickJ... Your english is better than mine... :cool:
It is my 2nd language after all. But then again I do speak it better than my first language lol

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.

excon

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 transferred to me I would still get a percentage of the house?

Thanks

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.

excon

Why is the house only in wife's name?

Quote:

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Originally Posted by greatmike

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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As Exon said.
If your dad has a will, but he has no share in the house, the house won't be on his will. You can write anything that you don't own down on your will.

Hello again, Mike:

Let me add, that there are back door approaches that, in the end, might produce the same result. You could, for example, challenge the transfer of property in probate court AFTER your dad is gone, where nobody knows what the exact intent of your father was.

You COULD prevail there. However, that's going to be more expensive, and less sure than if you take the front door approach. I'm a front door guy.

Come on. Your dad's wife owns the entire house, on paper anyway. I don't know why they did that, but they did. Once your dad is gone, that's all that's left. If you don't guard your inheritance, you aren't even going to get it in the first place.

excon

And, hello once again, Mike:

Here's some more bad news that you're just dying to hear. As things stand now, IF your dad's wife PRECEDES your father in death, the house will pass to HER kids, and you'll never get a nickel. They might even throw your dad out on his ear, cause after she's gone, he's a squatter.

excon

Quote:

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Originally Posted by Krs

Why is the house only in wife's name?!

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'cause the wife has control issues.

I have had family dilemma's about wills and inheritance and its not good!
I got what was mine. But you have to wise and careful.

1. The house your father and his wife live in, was that house of your father before this women came in his life?

2. Speak to your father anyway, tell him to speak to an attorney, because its unethical that he is married and lives in a house that he say no say in.
She is definitley a control freak.

Seek good advice, because worse case scenario, when your father passes away, she will be left with everything, then her kids, and your fathers children will be left with nothing...

These things happen, so act now, act fast!

You have all the right too!