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No will - non-relatives in the house

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Neysa

Junior Member
What is the name of your state? Oklahoma

My father-in-law recently passed away and we have a problem with some people who were staying there before he died. He wrote a will, but it was never signed and has been changed after the fact. My question is - should my spouse remain in the house to protect our interests or do these people not have a legal leg to stand on? The land the house sits on is in my brother-in-laws name and before his death we had discussed moving onto the property but hadn't made the move yet, so we are actually several states away (TN). As soon as my father-in-law became ill, my husband went to be with him and stayed in the house with my father-in-laws fiancee' and a couple who had been staying there while the man recuperated from an accident he had at work. Now that my father-in-law is gone, his fiancee has decided she wants this couple to stay in the house with her and they have convinced my brother-in-law that she will leave if they do. For several reasons, the rest of us are not agreeing with this. Can we throw them out legally? The estate is not being handled by anyone yet, but my sister-in-law is talking about seeing a lawyer and I am going to do the same. In the meantime, I would like to know if he leaves and comes back to TN will it make a difference to our legal standing? Can my husband - as the middle child - get himself named as administrator of the estate?

Thanks in advance and yes, we will find a local lawyer to discuss the case with as well, just need to see if he can come home first or handle it from there.
 


Dandy Don

Senior Member
The will was "changed" by whom after the fact? What are the changes?

By "after the fact" do you mean "after the death"?

The fact that it is not signed means it will not be accepted by the probate court.

Is the home fully paid for? The administrator gets the legal authority to decide what will happen to the home (whether to sell it or not or to buy out/pay the heirs for their share) and who does or doesn't get to live there.

What agreement or arrangement did he have with the people who were living there? Were they paying rent?

Since there is no valid will, the estate will be divided up according to state law. If there is no surviving spouse, then the children will split everything equally.
 
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