Posted on: 01st Jan, 2008 08:13 pm
Two sister bought a house together. One sister got married before the house was paid for and moved away, not to submitt anymore payments for the mortage or taxes. Married sister died, Sister #1 maintained the property until her death in 2005. Sister #1 willed the house to me (adapted son). Married sister's husband has placed a claim on the property. What is the proper thing for adapted son to do? :cry:
Welcome Luke.
Please don't be so sad. Let's see if we can find out a way.
From your post, what I get is, both the sisters owned the property. But now that married sister is dead, her husband is claiming his rights on property? Now the question is, where is the property located?
If it is a community property state, then after marriage the husband will have a right to the property and hence he may be justified when claiming his rights on it.
However, if the adopted son ( If i'm not wrong, it's you) has received the property through Will, then he is the right owner no doubt. But prior to preparing the Will, has the sister#1 transferred the entire title in her name as the married sister was deceased already? If this has been done, then you needn't worry, the property is yours. But if the sister#1 has simply prepared a Will to transfer the property without first getting title in her name entirely through an affidavit of heirship, then I think you need to consult a lawyer.
I hope I could explain; in case you need more clarification, please let me know.
Thanks.
Please don't be so sad. Let's see if we can find out a way.
From your post, what I get is, both the sisters owned the property. But now that married sister is dead, her husband is claiming his rights on property? Now the question is, where is the property located?
If it is a community property state, then after marriage the husband will have a right to the property and hence he may be justified when claiming his rights on it.
However, if the adopted son ( If i'm not wrong, it's you) has received the property through Will, then he is the right owner no doubt. But prior to preparing the Will, has the sister#1 transferred the entire title in her name as the married sister was deceased already? If this has been done, then you needn't worry, the property is yours. But if the sister#1 has simply prepared a Will to transfer the property without first getting title in her name entirely through an affidavit of heirship, then I think you need to consult a lawyer.
I hope I could explain; in case you need more clarification, please let me know.
Thanks.
Hi Luke.
You have got sound suggestions from the above poster. The question here is whether sister#1 has transferred the entire property on her name after the married sister's death. If not then the Married sister's husband can place a claim on that property and it will be legal.
Best of luck,
Larry
You have got sound suggestions from the above poster. The question here is whether sister#1 has transferred the entire property on her name after the married sister's death. If not then the Married sister's husband can place a claim on that property and it will be legal.
Best of luck,
Larry
You say "placed a claim"; I assume you mean in probate? In that case, hire a probate attorney immediately.
The husband may have an interest in the property. He will likely receive a portion of the equity, less the maintenance expenses and taxes.
The husband may have an interest in the property. He will likely receive a portion of the equity, less the maintenance expenses and taxes.
It has to go through probate court to determine the outcome of this, unless their was a surviorship deed.