I live in Va. My mother passed away without an updated will. It was her intent that after my father's passing the house would be split evenly by the three children. Can my father sell the house or put it in his new wife's name without the children in the marriage having any kind of legal input? My dad promised the house would go to us, but after he got married, he put her name on the house instead.
State/Country relating to question: Virginia
I contacted my brothers when Dad told me he had put the house in his new wife's name. As an allied force we spoke to Dad about our feelings, his promise, and mom's intent. His wife is causing problems now.
Good morning. Unfortunately, what your mother intended is not relevant if she did not update her will. If the will she had left everything to your father, then it all belongs to him, and he can do with it what he wants. Children have no legal right to inherit and unless you were included on her will or included in his, you would have no right to inherit. If he dies without a will, then estate will be distributed pursuant to the state's intestate succession rules which would allow you to inherit; but if he dies with a will that leaves nothing to you, you would be out of luck. I'm sorry!
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29 Years Practicing Law - Including Tax and Estate Planning
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