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parkie001 · Mar 8, 2008, 08:30 AM

OK my mother passed June of 07 she left everything to me in her will and it is a legal will she was married to someone for 2 years but everything she had was required before the marriage it was all bought by my farther who passed when I was 8 and I am now 24 what can I do to have this man removed from my home he is starting to remodle the home without talking to me about it like one of the bedrooms he knocked out the window and put in a door the room in question I was going to give to my 4 month old son but I didn't want a door in that room and like I said he hasn't talked to me about any of that

Fr_Chuck · Mar 8, 2008, 08:34 AM

Ok, I will assume at her death you took the deed though Probate court and now have the house in your name. If so, you give him a written notice to move out. When he does not, you file for an eviction in housing court.

If you have not done anything with the deed or will, you will need to first find out how the deed was recorded, if the deed was changed after the will to include the new husband, then there could be issues. Also depending on where you live, the new husband may also have certain rights. So that is why you take the property though probate court and get the deed put into your name.

Next why have you waited to since June to do anythng? Has he been paying rent to you ? Have you told him you own the house ?

JudyKayTee · Mar 8, 2008, 08:42 AM

Originally Posted by parkie001

OK my mother passed june of 07 she left everything to me in her will and it is a legal will she was married to someone for 2 years but everything she had was required before the marrage it was all bought by my farther who passed when i was 8 and i am now 24 what can i do to have this man removed from my home he is starting to remodle the home without talking to me about it like one of the bedrooms he knocked out the window and put in a door the room in question i was going to give to my 4 month old son but i didnt want a door in that room and like i said he hasnt talked to me about any of that

If the Deed is in your name have him evicted through the Court system; if it's not, get it transferred into your name and then have him evicted.

I don't know what State you are in but in every State I know a person cannot completely cut a spouse out by Will and by Statute the spouse is entitled to a percentage. In NYS it's 1/3 (33-1/3%). In NYS at least your mother could not leave everything to you, no matter when/how things were purchased or "wealth" was accumulated.

There are "exceptions" - for example, if your mother left a Will that everything was to go to you the Court would order that a certain percentage go to the spouse and that would include that percentage of the value of the house held in her individual name.

If the house is held jointly by you and your mother, then it would just pass to you without going through probate - the house only - and the spouse would not be entitled to a percentage.

Did I explain this clearly?

parkie001 · Mar 8, 2008, 08:44 AM

I have been working on this since she passed away but everyone is wanting money to help me money that I don't have and no I haven't probated the will yet but my mother changed nothing for her new husband as fate would have it she was about to devorice him before she passed away on account that he liked to hit her and stuff and I live in Oklahoma

Fr_Chuck · Mar 8, 2008, 09:36 AM

You do need to do something, the longer he stays, you need to talk to legal aid in your area, see if they can at least get it filed, and name you as the execitor of the estate. That way you could evict him under that.

Also you may want to just try and serve him an eviction notice anyway, the worst that can heppen is you don't win until you go to probate

Have you asked about payment plans to an attorney.
Is there a lien on the property, in whose name, if there is who is making the payments.

JudyKayTee · Mar 8, 2008, 10:07 AM

Originally Posted by parkie001

I have been working on this since she passed away but everyone is wanting money to help me money that i dont have and no i havent probated the will yet but my mother changed nothing for her new husband as fate would have it she was about to devorice him before she passed away on account that he liked to hit her and stuff and i live in oklahoma

I understand but probate expenses are paid by the estate, not by you personally.

And your mother cannot simply leave nothing to her husband, no matter what the circumstances are, no mater what her intentions were. He was her husband on her date of death. I'm surprised HE hasn't forced the Will into probate.

"In most states, the surviving spouse can choose between the property left in the deceased spouse’s Will or a statutory share set by state law (usually one-third or one-half of the estate). Whether it is advantageous to elect the state’s share – generous in some states, minor in others – depends on the rules for calculating the elective share, which rules and exceptions have a remarkable number of variations between the states."

In a community property State - Oklahoma is NOT a community property State - the law is: "In a community property state, the surviving spouse already owns half of the community property at the death of the other spouse."