Probate-Father In-Law Passed Away, has been my residence for 3 yr

[Dandy Don]

Time for a dose of reality. Get a job and please explain why your husband is not working to support you.

Your husband will need to ask sister what her intentions are for the home--would she be willing to continue to rent it out to the wife if she gets a job or does sister in law to sell it to pay the outstanding mortgage and split any potential profit that may be left over.

People get greedy when money is involved, so you really can't expect sister in law to keep her promise to split the money (but I hope she will do so, for your sake) cause she may want to keep it all for herself, AND you maybe can't even count on your husband wanting to give you anything he might get from this estate. Get a divorce and look for a more financially stable spouse in the future.

 

[nextwife]

If, after creditors are paid and SOMEONE reimbursed for covering the real estate expense, there is something left over to split, it will belong to HUSBAND, and NOT be marital property. A non-comingled inheritance is NOT marital funds, and you will not be legally entitled to any of it.

Your husband is not legally obligated to support you, nor you him, unless there exists a court order requiring this. In a marriage, there is no legal gender presumption any longer that the male spouse is the one who must be the financial support. You are both equally responsible for yourselves, your spouse and your child. Either parent can support the other and both can equally support the household.

Who will pay for future repairs and upkeep, if any? Insurance premiums when they become due? How much equity would she be tying up that the estate could be distributing, and the recipients investing? Unless the OP is willing and able to BUY OUT the other estate recipients at fair market value, her continued occupancy of the house (especially is she is divorcing the husband) is unfairly burdensom. Sis has a right to wish to want complete her duty as executor (as brother has done nothing but tie up a major estate asset).

 

[BusyMom1967]

He's an ass? I don't hear HER saying SHE was working. How do you know dad had any more school than she did?. Mom was not the ONLY parent who could care for the child.

They were both asses for mooching off FIL all that time and THEN continuing to expect family members to continue supporting them by paying the mortgage etc. and tying up estate assets. How do you know DAD was not the primary caregiver or equal caregiver and Mom will not be the one paying CS? I know plenty of men who do just as much caregiving and housekeeping as any woman. OP had no less a financial responsibility than did her husband. Having borne a child (esp. five years ago, dad was home, after all) does NOT make her responsibility any less.

You are ASSuming a whole lot here. Assuming mom did not go to school, or that Dad had MORE school, assuming only mom could care for THEIR child, assuming mom will get primary custody, and so on.

You are correct. I did assume alot, but most educated women do not stay with someone who they are seperated from, and they are also not worried about getting along on their own. She seems very worried. SO, yes, I made an EDUCATED guess.

Yes, I agree with you, I did assume alot. BUT, I am assuming also, DAD was either lazy or he did not have an education either (but that would have been another paragraph - and he was not asking), so if this woman is the one that is going to get the shaft, it is her who is going to have to do something for herself, and I mean NOW, not later. She was the one asking the question, so I assume she does care for her and her child's future. So, that is a very good leap to take, she is asking for help, so I decided to be on her side and give her some advice.

Either way, she needs to get out there now and do something, or it sounds like she may end up homeless.

And not to tell her whole story, and again I am assuming, CA has some interesting benefit laws that concern people being seperated, but not divorced. So, I can take another leap of faith and say she may be taking advantage of those, and if so, she needs to use those to get out on her own.

Either GOOD LUCK... for you (your husband is not asking so I don't care) it is going to be a bumpy ride. You need to look out for your self.

And I would say the same thing if the husband was asking the question.