Moshi
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If your Uncle's fiance' chooses to remain living in the home,she would,in a sense,be as a tenant.Naturally only what (if anything regarding her) she is to receive through the means of a Living Trust or Will would be applicable.Realistically, therefore, if you're Uncle listed her as being the beneficiary of any assets, such as HIS home (because it was in his name), then yes she would "have rights".If he, maybe by just not ever getting around to doing so, then no, it would seem to leave her with "no rights".What is troubling to me,and it's only a thought,...is IF your Uncle had NO Will or Living Trust then his children, out of sincerity to do the right thing by their father, dismissing greed,need to come together,gather ANY important papers,financial of course,bank statements and such gathered together and handle everything through the legal system.There may be a Probate issue concerning WHATEVER assets your Uncle had acquired up to the time of his passing.It may not even be up to his children if the fiance' is "allowed" to remain living in the home.I am so, so, so sorry to hear of your Uncle's unexpected passing.If indeed his fiance' was already "as" family, then house or no house, you will ALL,out of love, be there to comfort one another.Bear up through this extremely trying time and just BE THERE for each other.Remain friends.Remain,...AS FAMILY.Take care. |
JohnnyBravo
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If her name isn't on the deed to the home, she isn't entitled to anything. If there is no will, she's basically out of luck. If you are going to grant her living access to the house and want to protect your interests, put her on a lease agreement (even if you are charging her nothing to live there.) That protects any arguement that she might have in a year or so of living there. If the house title/deed has her name on it, you are out of luck. |
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