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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 41014
Experience:  30 years in civil, probate, real estate, elder law
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Have Reverse Mortgage. I am the Non Signing Spouse. Only

Customer Question

Have Reverse Mortgage. I am the Non Signing Spouse. Only Wife's name is ***** ***** Deed, Wife died in November. What options do I have to remain in my house. Being told that my stepchildren own the house now.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Can you give me more information here.Was this marital property, Was there a will here or probate filed?

You reference that 20% of house belongs to step kids.Can you clarify.

Thanks for your patience, I will get back to you this evening.Am going to be offline here about 30 minutes for dinner.

Customer: replied 1 year ago.
This was marital property. Only wife was old enough for a Reverse Mortgage. Only her name is ***** ***** Deed. Wife died in November. Being told the house goes to her 4 children now.I have a Probate Appliation to fill out. No Will exists
Expert:  Ray replied 1 year ago.

Thanks for your patience.Here this is marital property even if your name is ***** ***** it.You may need your own lawyer here to fight for it.You would inherit half, the wife's half, you get 1/3 and the step kids 2/3.So overall you get your half and one third of hers, that 4/6 or 2/3 of the whole marital house.

Reference

  • spouse and descendants, at least one of whom is from someone other than that spouse
  • spouse inherits 1/3 of your intestate property
  • descendants inherit everything else

You would have to buy them out of their one third and pay off the reverse mortgage.That would be your remedy your lawyer can fight for your rights.This is mostly your property here, the probate judge applies the laws of intestacy.

Thanks again let me know if I missed something.