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FloridaLawyer
FloridaLawyer, Family Law Attorney
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Experience:  Experienced family law attorney in private practice
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I married a widow in Louisina in 2000 who owned a mobile home

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I married a widow in Louisina in 2000 who owned a mobile home with an acre of land During 8 yrs of mariage i have spent $40 to 50 K adding on a permant room addiotion remodeling the original M.H biuilt a garage I am 72 and she is 70 She has 2 adukt sons. I have one. She will not make a will . I expect to die first .If not ,i feel a significant part of the property should go to me. NOt all to her sons If i die ffirst as expectefd i want ny son to get what i feel is my share of the propert because i have out of my seperate moey and sewat equity graeatly improved the the property and vale I am not on the title what if she does not will me something, What it she dies make a will and wills it all to her sons Hw do i protect my interst againt her sons .How do i leave my son my fair share If i die before my wife I am NOT on title
Submitted: 5 years ago.
Category: Family Law
Expert:  FloridaLawyer replied 5 years ago.

HelloCustomer

 

State law does not favor your situation in Louisiana. Your state's law operates under the assumption that the surviving spouse should not inherit anything from the other spouse where there are surviving children.

 

The other concern is whether the home would be considered community property (hers AND yours) or her separate property. If the property is still in her name from before your marriage to her, then despite your investment of time and money in the improvements, it will likely be considered separate property and pass to her descendants with or without a will devising it to them. In fact, without a will, her nieces and nephews would have a higher priority than you to inherit her property.

 

If it is held to be community property, which is unlikely, and she dies without a will, you will receive what is called a usufruct which is similar to a life estate in the home and you can continue to live there and use the benefits of it, but when you pass away it will still go to her sons, not your son.

 

The only way to fix this problem is if she were to execute a deed from herself to you or both of you together, and/or list you in her will as the beneficiary of the home. Otherwise her sons will take the entire property.

 

Best of luck.

 

MDonnelly

 

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

FloridaLawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 741
Experience: Experienced family law attorney in private practice
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