Vancouver, WA asked in Estate Planning for Washington

Q: my mom is giving my nephew my stepdads house and its not in her name can she do that?

my dads name was the only name the house was in and my mom had to get an attorney to get the house, only the finance company will not put it in her name until its paid off. what happens to it when she dies does it go to her children. because she is trying to give it to my nephew they went down and tried to put it in his name and the finance company said she couldnt give it to him because it wasnt in her name to do that. I am my mothers daughter and dont i have a right to the house before my nephew?

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1 Lawyer Answer
Brent Bowden
Brent Bowden
Answered
  • Estate Planning Lawyer
  • Lynnwood
  • Licensed in Washington

A: If your mom did not have a will, you would have a right to it before your nephew.

However, while your mom is alive, she can do more or less whatever she wants with her property. Likewise, she can leave it to whoever she wants in her will. At that point, you would have no right.

As far as who owns it now, the finance company does not control that. They also don't really get to choose whose name the property is in. That whole part seems odd. But, assuming your step-dad had a will, he could leave it to whoever he wanted. If he didn't, at least a portion of it would likely be your mother's. Absent a will leaving some portion of the house to you, you would have no interest other than what you might get eventually from your mother.

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