Keeping our home if husband passes before me
Forums:
Does anyone know if an adult step kid can contest a will if I am married to their Father and he passes before me? For example, after we get married, I will be on the title of the house we live in (for years I have put money and effort into this house to make it a home and improve it, and helped pay the part of the mortgage).
I thought that once a couple is married, the spouse becomes the first "next of kin" and an adult step child has no leg to stand on to contest. Even if they try to contest, what are the chances they would be successful in taking my home from me?
If your name is on the house,
If your name is on the house, too, I suspect there isn't much chance of the skids successfully challenging the will. Are you worried they are going to try?
His daughter yes. If only
His daughter yes. If only to sell the house to keep money for herself and kick me out of my home. Starting over with nothing at my age would not be good nor losing the home we built together. Other people told me that hostile step kids could contest which made me nervous. As it is right now, he has willed me the house but we are not married yet. I felt it is risky while we are not married, but am hoping once married and I am on the title there is nothing she can do.
I strongly suggest talking
I strongly suggest talking with an estate lawyer. You and boyfriend should be able to meet for 15, 20minutes for a free consultation.
It is best to ask questions based on current conditions first AND THEN the what if's you marry 'with a will or with out a will'. BRING what papers you have now showing he willed you the house.
Right now God forbid, something happen to your boyfriend today, you are not protected one iota. You may think that you are but it is far better to know what you have is proper to protect you.
I would approach it as the importance of your boyfriends final wishes that must be upheld and protected.
REGARDLESS of who agrees with those wishes or if they do not.
Goodluck
You and he need to see a
You and he need to see a lawyer about the specifics of the law in your location.
In some states property owned before marriage remains separate, and SD might have a claim, unless retitled as joint. You and he should most likely make new wills as soon as possible after marriage.
Definitely seek the advice of
Definitely seek the advice of an attorney. In some states, the house may automatically become yours as long as your name is on the deed. But adult children may (depending on the state) be entitled to 1/3 to 1/2 of your spouse's assets if there is no will. Best to get advice from a legal expert in your state.
There are several ways that
There are several ways that the property can go to you... I would recommend speaking with a competent attorney.
I am not sure how much you have contributed vs what your DH has to the property. Is his intent to ensure you can live there and at some point in the future, his kids would get some portion of the value of the home when you pass? or does he intend to have you take full title to the home and then make your own decisions as to who may inherit it when you pass?
There can also be tax consequences associated with adding you to the title depending on how that is done. It could be considered a gift to you unless you can document how much of the value of the home you have contributed. Again, a good estate planning atty can help you navigate these things.
If the main goal is to ensure you are not kicked out, it is possible to have the house provide you lifetime tenancy rights.. but that wouldn't do you any good if you had hopes of selling and using proceeds to fund assisted living for yourself etc..
It is fairly complex and you don't want to make moves that leave you open to being kicked out of your home.
The good thing is that depending on how you title it, the home can pass to you outside of the will and probate so it would not be a matter of him willing anything and it wouldn't be up for dispute.. unless they could prove you had him add you under some duress or through trickery.
My Grandmother just went
My Grandmother just went through this. Her name was on the title of the house and only her name after her late husband passed. He put it in his will if she should sell the house before she passes that his kids would each get a third of the sale. Since her name was on the title and theirs was not she got everything from the sale no matter what his will said.
She could not give them their portion because she is older and medicare can come back and take that money from there for her care should she need it.
Also SO and I just bought a house and both our names are on the title, since we are not married we had to state how if he passed or I who would get the house. We put each other.
From my understanding if you two are legally married and the skids name are not on the title the house would default to you. Just to be sure and make it iron clad put your name on the title. You do not even need to wait until you are married you can do it any time and just pick the option that if something happened to him you get it and something happens to you he gets it.
Hope that helps.
here's the
here's the link:
https://www.avvo.com/ask-a-lawyer
You can post a question for legal advice anonymously and there are no fees involved. Be sure and state the state where you live because state laws vary.
Whatever you do this this sorted out as soon as possible. This is not something you want to let ride.
Good luck with this.