Can i get a little free legal advice and/or opinions on a small problem?

by outlander 26 Replies latest social relationships

  • Justitia Themis
    Justitia Themis

    In his Will he left the land and house to his son, age 35, who is married and lives elsewhere in the same town, but also stipulated that his mother has the right to live in the house until she dies

    Interpretation of estates is heavily state common law dependent, so you need to see a lawyer within your state.. However, it appears the deceased created what is called a " present life estate" for his wife and a "future reversionary interest" for the son. She has the right to live there until she dies, and the courts STRONGLY disapprove of anti-marriage clauses, so you are probably safe. These are two separate property interests. The son can devise his future interest but cannot access that interest until her death; then the property automatically reverts to him, and you, if you are still living there, will be deemed a trespasser.

    I'm not sure what you mean by he has "stipulated" that his mother can live there. That is not his property right to "stipulate" to, but I might just be getting too legally semantic in my analysis because these are VERY pregnant legal terms of art. Bottom line: he has no possessory interest until she dies.

  • betterdaze

    You know nothing of the situation besides a few paragraphs that i posted.

    Fool, I know more than I need to know from your prior posting history.

    Had you some mental facility, you could be ashamed and embarrassed, that you don't possess the basic self-realization to consider that in advance.

    The sole reason you started hitting-up an ex-JW site was to gain pity that your "crazy JW sister" was selling HER house that you've squatting in all along. You lost your elderly mother's pension income, too. Boo-frickin' hoo.

    At one point you were actually bitching that crazy JW sister should work more hours, so you could keep riding the freebie train at HERS and YOUR elderly MOTHER'S expense. You were upset to lose YOUR MOTHER'S $1,500 pension!

    Seriously, I cannot make this sh*t up. I have no need to. You spelled it out rather clearly from the get-go and now it's biting you back. Man the heck up live and with the consequences.

    From your comments it seems your looking at my question with a predetermined negative viewpoint based on something that happened to you in the past.

    Nothing happened to me. Nothing at all. Like YOU, I was not in the will.

    I cannot possibly be disappointed over something I was never entitled to in the first place.

    Unlike YOU, grasping desperately at something you were never entitled to in the first place.

    Therein lies the difference.


    Again, that person is NOT you. As has already been pointed out, SHE needs a lawyer. You are nothing more than a PREDATOR. I have every hope in my heart that your wife's lawyer will recognize your interloping and truly advocate for your wife's future safety and security.

    So please keep keep the negative comments and snide remarks to yourself

    Negative? Here ya' go: "So I don't really know which way he's leaning. Make his mother angry, or make his wife angry."

    One week into a new marriage, and already you insinuate yourself such that a man must choose between his mother or his wife? One week, and you are splitting this man's alliances apart, flesh, blood, and vow?

    THAT, Mr., is so very negative as to be criminal in nature. There is absolutely no reason that the mother or the wife should be angry at all, and especially not the son. They are all free and clear.

    The only negative factor is YOU. And you have a self-said history of PREDATION.

    Outlander, maybe think of GETTING A JOB someday. So you don't have to parasite off your:

    • Crazy JW sister

    • Elderly mother

    • Illiterate wife

    • The son

    Perhaps you can play banjo for the Georgia tourists.


  • Razziel

    Definately get a qualified lawyer. Be aware also that just because someone has the right to live in the house until they die or vacate doesn't necessarily preclude the lawful owner of the property from selling that property to someone else so long as the same stipulation goes with it. My grandmother found that out the hard way when the land was sold out from underneath her by my uncle even though she still had the right to live there until she died as defined in my grandfather's will.

  • nugget

    So just to clarify is "his mother" referred to in the will your wife?

    If it is your wife, she has the right to live in the house until she dies. There may be additional clauses that state that if she moves out or marries she looses her rights and cannot reclaim her previous rights. My FIL's second wife died leaving a will with a similar clause. He could not move out, or marry without loosing the property. The beneficiaries could not sell the house whilst he was alive. In addition the wife's will stated that half the proceeds of the house would go to his heirs and half to hers. Your wife needs to check the text of the will. If your wife is not living in the home now and hasn't for some time then she may have forfeited her rights. Whatever happens the house and land belong to the son and if he wishes to sell the land he has every right to do so.

  • Snoozy
    Was your wife divorced from him before or after he died?

    Hilariously funny!

    And I didn't even catch it...


  • Band on the Run
    Band on the Run

    This is the outrage of posting on the Internet. Everyone here who gave legal advice can be charged with practicing law without a license. No one has read all the documents so no one in their right mind can say whether you have possessory interest in anyting.

    The only prudent and legal advice is to see a local lawyer, preferally one with expertise in trusts and estates.

    People adding their two cents will not solve your query. They don't know the law. A lawyer can't know what state you are in or what is in the documents so people should refrain from giving "advice." Seriously, anyone who posted other than see a lawyer broke the law.

    What expertise does a former Witness site have, anyway. This is not a legal site. The law does not change b/c there is some vague relation to Jehovah's Witnesses.

    I also wonder this is even a true situation or whether someone is trolling. How many people publicly announce their selfish interests and desire to cheat the law? Well, some do. Someone hired a contract killer from their Facebook page. The majority of people would dress up their situation in a better fashion. Typically, one sees a long list of reasons they are a better person than the beneficiary. Foolish speculation.

  • JRK

    Free legal advice is usually worth what it costs. Get a lawyer that specializes in family law in your state.


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