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I was married to a man with three children. He died I was…

Customer Question
I was married to...

I was married to a man with three children. He died I was not on the deed can I stay in the house?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

CALIF

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, if cant stay, can they shut my mail off, or my phone?

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
11/28/2017
Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,585
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Did he pass with a will in place?

.

Are the utilities in your name or are they in your husband's name?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
I don't know if he had a will. The children wouldn't tell me. The phone was and I don't what she did with my mail.
Customer reply replied 7 months ago
I need an answer.
Lawyer: Barrister, Attorney replied 7 months ago

Ok if he had a will then if he left you less than 30% of his estate, you can legally claim that under your spousal elective rights to elect against the will.

.

If he had no will, you inherit half his estate and the children inherit the other half.

.

But they could force a sale of the house if you couldn't settle with them where you keep the house and they get other assets.

.

As for the utilities, they have no legal authority to cut off utilities that are in your name or affect your mail as mail delivery is a federal service and tampering with it is a crime.

.

As for your phone, if it is in your name, they can't terminate your service.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Ok, can we go to court with this? How do I fight them
Customer reply replied 7 months ago
I need to study this
Lawyer: Barrister, Attorney replied 7 months ago

They can't do anything at all until someone files a probate case to settle his estate. So until that happens, nothing will happen to the house or the estate..

.

Once someone files a probate case to settle his estate, that is when you can make your claim against his estate based on whether he has a will or not.

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Customer reply replied 7 months ago
Thank you. I will fight this.
Lawyer: Barrister, Attorney replied 7 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Lawyer: Barrister, Attorney replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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