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Lana L | Will second wife get the house? Mom and dad bought home in 78.Mom died 93. Dad marries in 2000. Never moves in |
with new wife. He has 6 grown children with mom none with 2nd. Second wife is proven pathological liar and he went into the marriage with rose colored glasses on. His children could see that she was only in it to improve her station. ( She is significantly younger (50 yrs.) he is 72 and did not have a place of her own and was living with relatives at the time). We believe that she wanted to move into this house all along, however father never desired to move back in after mother's death. His health is now failing and he does not have a will. Conniving wife felt the need to refinance the house last year, which leads to my question. Now that his death is imminent will she inherit the house no questions asked? My sister is currently living there and maintaining the mortgage with no official lease. We are all grown children with homes of our own but he has been in the hospital since before Christmas and she doesn't even keep up appearances by visiting often. We live in Virginia |
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loanmasterone
|
I don't know if Va is a community property state or not, that will determine what if anything she will be entitled to upon your father's death
You should get your father to do a little estate planning. He should at the very least make a will. The best thing he can do is make a family living trust with one of the children as the trustee in the event of his passing.
Making a family trust prevents the property from going to probate. If it goes to probate the property will be divided according to the state laws of Va. You will also have to hire a probate attorney. The probate attorney is paid out of the estate that is left.
You children, if you feel as if your father is getting a raw deal, have to protect him as well as his property. Get an attorney or a close personal friend that he knows and respect and get the necessary documents signed to protect the family, your father and the family property.
I hope this has been of some use to you, good luck.
"FIGHT ON" |
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Gotta B. Covered
|
With the first wife passing, the second wife would have to be on title to have re-financed the property. With that being the case, the property would go the current (living) spouse first. The previous spouse had to be removed for the lender to allow the re-fi of the property. If something does happen with your dad, she rightfully owns the property. |
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estielmo
|
If they refinanced you can be sure she is on the title and mortgage.
The laws of the state will govern the estate if he dies without a will, but you can be certain there is a will. If she is as conniving as you think, there is one somewhere.
But here's the real point... How much actual equity is in the house? If they cashed-out all the money last year and have a huge mortgage you will pay thousands upon thousands in lawyers fees and get nothing but debt for your trouble. |
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Peilthetraveler
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She will probably get it if there is no will. Best thing you can do is get him to sign a will as soon as possible. |
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Gertie
 |
I think your going to get the wrong end of the stick on this one. You need to have your father sign a will immediately just leaving her $1 and put that house in the names of you kids. Who is in charge of all your fathers financial affairs since he has been so ill? Keep us updated. |
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sun_shinevt
 |
It depends, does the wife have the house titled in her name as well as your father's? I'm going to guess if he doesn't have a will and is still married to her it would probably go to her unless he does something to change it, like writing a will that says she doesn't get it. I'm guessing since the wife refinanced the house, her name is probably on the title now, it is probably considered marital property. |
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MLaw
 |
You need the advice of a local attorney. Any legal advice you get here is worthless. |
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skirt_14
|
Virginia is a martial state so the wife would usually get the house upon the death of the spouse. However, in some states, like California, there are laws for people who are residing in the home being able to claim title, if they have lived there and up kept the house for a very long period of time and if the owner has not collected rent or obtained contracted lease. You would have to contact a real estate attorney to get the details and see if this is a viable way to go, being that it is family the law may not apply to your situation. |
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godged
 |
Have an attorney form a trust or get the dad to file a will. That is the only way to protect the property. |
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∞infiniti∞
|
Firstly, your step-mother's personality and moral flaws has nothing to do with who inherits the house.
It all depends if the house is considered marital property. If your father owned the house free and clear before his 2nd marriage, it would be considered a non-marital property. However, there was a mortgage during their marriage, it might be a little more complicated.
http://www.divorcenet.com/states/virginia/division_of_marital_property_in_virginia |
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