Q: My mother is in Alabama and in poor health, she has a will leaving all property to me
Her new husband is not in the will or on the deed. They’ve been married 18 years. Who gets possession of her house after her death? She has also been a victim of elder abuse by her husband for at least the last year.
A:
There is no way I can answer that question without knowing whose name is on the deed to the house. If her name only is on the deed, and there is a valid will devising it to you, you will inherit the house. If there is no will, then the house would be inherited by her children and her spouse in equal shares --- after the debts and expenses of the estate were paid. If the deed is a joint tenancy with the husband with a right of survivorship in the house, the house would be his on her death. Now, you must be aware of a statute called the spousal elective share. That law says that a spouse may be entitled to up to a 1/3 share in an estate -- depending on the size of his property separate from the deceased spouse's property. Sound complicated? That's why you need a lawyer.
If you believe she is being abused, report that to the Department of Human Resources in the county in which your mother lives.
Jack T. Carney agrees with this answer
1 user found this answer helpful
A: There are so many new “elder abuse” laws on the books these days. If there is elder abuse, DHR or the local authorities could be helpful and you may want to contact them to discuss your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
