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I hope so. RI, None, My father in law passed away many years…

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My father in law passed away many years ago. He was married but he had 3 other children from 2 other ladies. No will has ever been presented to anyone.the wife did sell 2 houses of which no $$was given to his other 3 children. Now the wife is selling the last house because she is getting old and has applied for state housing, the wife has transferred the ownership of the house to her first 2 daughters or she wouldn't get the state housing. There is a feud going on because the 3 children from the husband only didn,t get any $$ from the 2 houses previously sold and are not going to get any $$ from this house being sold, because the wife said that everything belonged to her and this is the law in R.i...my question is..should the wife get everything ?

Submitted: 4 months ago.Category: Estate Law
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Answered in 5 hours by:
11/30/2017
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,185
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Did your Father-in-Law have a Will? It matters.

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Customer reply replied 4 months ago
No will
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Okay, hold please. I going to check something for you.

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Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Your spouse and siblings have a right to inherit part of the estate. In Rhode Island, if you die with children or other descendants, your spouse has the right to use your intestate real estate for life and inherits 1/2 of your intestate personal property outright. The other 1/2 of personal property goes to the children, and when the spouse dies, the house goes to the children also.

We can discuss more if you want to do so.

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Customer reply replied 4 months ago
Even the children from a different mother ...not the wife's children have a right to 1/2 ?
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Yes. Even if a different Mother. In other words, all the decedents of the Father would have a right to part of the estate or have a right to object to the administration of the estate.

We can discuss further if you want to do so.

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Customer reply replied 4 months ago
pls let me know what kind of information you need from me. Tks
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Sure. I do not need any more information from you but if you have any more questions, feel free to ask them.

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Customer reply replied 4 months ago
The last house in the U.S. is on the market to be sold. The mother transferred it to her 1st 2 daughters so she can get housing from the state.can the siblings profit from it since it is no longer in the wife's name? How much do you charge for an appointment and possible help put an end to this feud?
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Just Answer is not a law firm so it cannot represent you. You would have to hire a local attorney to help you. In any event, if the house was in the Father's name at the time of his death, his other children could still have a right to it if the wife is selling it. We can still discuss if you want to do so or you can ask a follow-up question.

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Customer reply replied 4 months ago
About this house for sale...yes, it was in the father and wife's names at the time of his death. However, the title has been transferred to the wife's 2 daughters. Can the 3 siblings go after the proceeds of this house, even though legally it no longer belongs to the wife?
Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Thank you for the additional information. If the house was in the husband and wife's name, most likely the wife inherented it automatically because when married couples are on the title it is assumed to be with rights of survivorship unless otherwise stated. So, it probably is not viable that the 3 siblings can go after the proceeds. I know this is not exactly what you would want to hear but it's important for you to know what could happen. There may be other assets that could have been entitled to receive upon the death of their Father.

Do you have any further questions?

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Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Hello again: Do you have further questions? I know this is not the exact answer you would have hoped to have heard but it is better for you to know what could happen. If though, you are satisfied with the services I provided to you, please provide a positive rating between 3 and 5 stars at no additional charge so I can get paid for helping you. Again, if you have a follow-up question, just let me know. Best regards.

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