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October 15, 2006, 9:25 pm PDT
My name is Star Jones, and I am a *lawyer* (not)
Quote From: ronsvulcan My wife passed away in May of this year, very unexpectedly. This was her second marriage as her first husband was killed in an industrial accident 20 yrs earlier. When we got married in 1998 my wife never changed her will. The deed to the house is in her name and her will leaves all her assets to her children. In 2000 she and I remodeled the home and took out a very large 2nd mortgage for over $100k. My name is on the mortagage loan, but not on the deed to the home and not in the will. Ever since my wife passed, her parents have done nothing but cause havoc in my life. They want me out of the home because they say it belongs to her children, both of whom are grown and gone and neither of whom has any interest in the home. My wife's daughter, whom I spent 7 yrs loving and supporting and now lives in FL with her grandparents has joined in the fight and is making my life unbearable as well. The county coroner determined my wife's death to be an accidental overdose of prescribed medications she was taking and heer family holds me responsible for that as well. Ever since she passed on, my life has been and continues to be a living hell. If it were not for my familiy and a few close friends, I"m certain I would either be in a rubber room or in the same place my wife is at. You do need to consult an attorney.
In most states, a surviving spouse has inheritance rights to a
portion of the estate of the deceased, even if the will doesn't leave
anything to the surviving spouse. You may accept the will as it
is, or you may dissent from the will and take your elective share ( and in a few states excercise common-law rights of dower or curtesy.) In many cases that is one-third to one-half of the realty and personalty owned by the deceased at the time of his or her death.
( In other words, it is impossible in most states to disinherit a spouse completely without the spouses consent.)
Please check with an attorney in your area for specifics on inheritance laws that apply in your case.
However, chances are you do own a portion of the estate. You may
not get the house, as the other heirs may give you your portion
of the estate in other ways. If the house is her main asset and
there is little else, You will end up owning a large
interest in the house. Even when the will does not leave it to
you.
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