Q: My late father left me the beneficiary of 1 of his homes -the others 2 his wife of 3 months. She took what was willed to
The will was made before their marriage and she's taken control of the house solely left to me
House was in his name.only
A: You did not ask a question. Is your question: "Is there something I can do legally to take control of the property that I inherited, when my late father's wife is taking control?" ? Assuming you are an adult, the answer to that question is "of course", with the sole exception being if your father named his wife as Personal Representative of his estate PLUS the property is not yet conveyed to you because the probate process is not yet completed. If the latter is the case, but you have concerns about what the wife will do with the property while it's still in probate, consult a probate attorney. If the latter is NOT the case, the wife has no rights, period, and you should consult a general practice attorney about getting her hands off the property.
A: The other issue is whether there is a will that specified whether you are entitled to receive this property. Your father simply telling you that was his intent and never executing documents to implement that intent is a common problem. You need to take a copy of the will, or trust, if there is one, to a probate litigation attorney. If there is neither a will nor a trust you should see the probate litigation attorney anyway to assure your rights are protected.
Charles M. Baron agrees with this answer
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.
