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MALCOLMARK · Jan 24, 2009, 04:22 AM

Hello, I am contacting you on behalf of a friend who's husband recently died. She and her husband owne a house but she has been living in temporary accommodation and her husband has been living in their house alone. Three weeks before he died he changed his will and left his half of the house to his son from a previouse marriage. My friend was about to move back into her house but was told by her step son that she is not allowed to, He is also the executor of the willAny advise would be greatly appreciated

excon · Jan 24, 2009, 05:10 AM

Hello M:

One equal co-owner cannot stop another equal co-owner from moving in. Your friend probably needs an attorney to let the son know that he can't do that crap.

excon

ScottGem · Jan 24, 2009, 06:52 AM

The first question is how the title was recorded. If the title was recorded as joint tenants with right of survivorship, that supersedes a will and the property is all hers. If there was no right of survivorship, then he could leave his half to anyone.

She has a right to see the will as well.

Howeverm excon, is right, as part owner she has the right to occupy at least part of the house.