Posted on: 20th Mar, 2010 06:03 pm
my mother in law passed away november 2009. she was married for 6 years. she has a living trust that left 100% of her assets to her only son, my husband. we were under the impression that we could move into the house after giving her spouse a reasonable amount of time to find another place. it has been 4 months and he refuses to leave and says we have no right to the home. she had a quit claim deed to her living trust. she wrote on clause in her trust stating that it is her wish that her spouse remain living in the house as long as he wishes. they had a premarital agreement ststing that the house was hers only. if she does not have a life estate deed can her husband remain in the house? it doesn't sqay anything about us not moving in. does my husband have the right to evict him or can he at least move in?
mind boggled :oops: :?:
mind boggled :oops: :?:
Welcome Guest,
Though the beneficiary of the trust is your husband, I guess your mother-in-law's husband has the rights to stay in the property as per her wishes. As far as I can understand the situation, your husband will be able to move into the property. However, you can speak to a real estate attorney in this regard and take his opinion.
Though the beneficiary of the trust is your husband, I guess your mother-in-law's husband has the rights to stay in the property as per her wishes. As far as I can understand the situation, your husband will be able to move into the property. However, you can speak to a real estate attorney in this regard and take his opinion.