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    bobbie711's Avatar
    bobbie711 Posts: 3, Reputation: 1
    New Member
     
    #1

    Jul 13, 2008, 12:24 PM
    Real Estate
    When my mother died 10 yrs ago,my brother moved in her house. I was the executor.
    He never paid rent but paid the bills such as taxes and such. He got married 3 yrs ago but he passed away last yr. w/o a will. He has 3 grown children.
    I am the only one left on my mothers will... What are my rights... is the house 3/4 mine?
    Does his wife of 3 yrs have any rights ?

    Thank you for your answers... Bobbie:)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #2

    Jul 13, 2008, 12:50 PM
    Quote Originally Posted by bobbie711
    When my mother died 10 yrs ago,my brother moved in her house. I was the executor.
    He never paid rent but paid the bills such as taxes and such. He got married 3 yrs ago but he passed away last yr. w/o a will. He has 3 grown children.
    I am the only one left on my mothers will... What are my rights... is the house 3/4 mine?
    Does his wife of 3 yrs have any rights ?

    Thank you for your answers... Bobbie:)


    How did the Will address the house - ?

    Depending on the Deed is written and the terms of the Will his share could pass to his widow. If he had no Will she is in most States, by law, entitled to a certain percentage of his State and that very well may include the value of the property.

    I don't understand - was ownership 50/50; why you would think it was 75%/25%.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #3

    Jul 13, 2008, 12:59 PM
    It sounds as though title to your mother's home has not been conveyed in accordance with her will. Just curious: Was the will offered for probate? What does your mother's will say about ownership of her home? Did you indicate in what state this is taking place?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Jul 13, 2008, 03:13 PM
    It appears you never finished transferring ownership of the home??
    If you did, did you list the names and if you did how are they listed.

    There is not enough proper info to tell you.

    1. is it still in probate, or has a new deed with the heirs name listed

    2. if it is still in probate it may depend on how the names are listed, and even the law since at the time of moms death they were alive to inherit

    You are in need of a good probate attorney.

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