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    Patricia Nix's Avatar
    Patricia Nix Posts: 1, Reputation: 1
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    #1

    Aug 12, 2012, 07:03 AM
    Mutual wills
    My husband and I have a mutual will on our jointly owned house.He has gone into care and my stepchildren are forcing me to sell the house to pay for his care.He has assets of his own but they do not wish to use this as it is their inheritance.I will not be able to buy anything similar owing to lack of funds.We have been married for 31 years and I am 80 years old.This is a mutual will and I thought we would not be forced to sell without both signing. The house is held in trust for our family members. P.Nix.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 12, 2012, 07:08 AM
    Quote Originally Posted by Patricia Nix View Post
    My husband and I have a mutual will on our jointly owned house.He has gone into care and my stepchildren are forcing me to sell the house to pay for his care.He has assets of his own but they do not wish to use this as it is their inheritance.I will not be able to buy anything similar owing to lack of funds.We have been married for 31 years and I am 80 years old.This is a mutual will and I thought we would not be forced to sell without both signing. The house is held in trust for our family members. P.Nix.

    I don't know what a mutual Will is. Do you mean you Wills which are similar - everything he has goes to you if you survive; everything you have goes to him if he survives?

    There could be a problem if the house is held in a trust.

    You need to consult with an Attorney. What was the purpose of putting the house into a trust? What type of trust also matters.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 12, 2012, 08:57 AM
    Where is this at, obviously not the US or Canada, since step children can not force you to sell your home. And step children have no legal say in what happens to the money that will be theirs if their father dies.

    Personally I would just say no and tell them to take a hike, if they are allowed in your nations law to force a sale, make them do it in court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 12, 2012, 09:23 AM
    Quote Originally Posted by Fr_Chuck View Post
    Where is this at, obviously not the US or Canada, since step children can not force you to sell your home. And step children have no legal say in what happens to the money that will be theirs if their father dies.

    Personally I would just say no and tell them to take a hike, if they are allowed in your nations law to force a sale, make them do it in court.


    I suspect the issue is the house being held in trust.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 12, 2012, 09:55 AM
    ANY question on law needs to include your general locale as laws vary by area.

    As noted, I don't know why you think they can force you to sell your home if they are not listed as owners. Even if it is part of a trust. What was the trust for and what are its terms.

    Also defining "mutual wills" may help us help you.
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