What are my rights to heir property?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights to heir property?

My dad remarried and he has a Will stating his spouse can live in to the house until she dies. As the heirs, what rights do my siblings have? Now that he’s passed away, how do I contest the Will and have his wife removed from the home that my siblings and I grew up in for 50 plus years?

Asked on September 14, 2019 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He had a right to let her live the house for the rest of her life, which is called giving her a "life estate." He even could have simply left the house to her outright. A person may will his property to whomever he wants; a parent is not required to leave a house or, indeed, anything, to his children and may disinherit them entirely if he wishes (that is, the children have no right to inherit); and your mother's last request has no binding or legal effect on what your father can and cannot do with his property. There is nothing you can do if he wants to do this, because you do not have the legal right to get the house if he wants to leave it to her, either entirely or just the right to live there for the rest of her life. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption