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Death & Entitlement

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megsmom32958

Junior Member
What is the name of your state? West Virginia


My father -in-law (age: 60+) remarried 4 years ago. His wife is terminally ill and her time is short. He is worried that her daugher (age: 30+) and her 2 sisters will be entitled to a prtion of his real property upon her death. (Land, home) Everything is and has always been in his family and he is worried about loosing any portion of it to these three people who we considered to be "Gold Diggers". Everything is in my father-in-laws name, such as titles to cars, deeds to land and home, as well as all bills associated. My mother-in-law is not named on any documents. There is no money/savings. Both live on there Social Security incomes. Of course he understands that there will be personnal material belongings from his wife that these 3 women will want and he has no problem parting with things like her jewelry, momentos, etc. but would they be able to fight him for his wife's share or monetary equivalent to 1/2 of the land and home that has been in his family for 75 years? He is not comfortable around lawyers and has asked me to see what I could find out on the internet. I appreciate any answers received on his behalf.

Joanne
 


Dandy Don

Senior Member
Not comfortable around lawyers? The lawyers are the ones who can help him protect his assets and achieve what he wants.

The wife will be automatically entitled to a certain portion of the estate, so why doesn't he love her enough to at least give her something?

He needs to be getting his will drafted with an attorney so that he can leave his wife the minimal amount possible and protect his other assets from anyone else being able to get any of it.
 

BelizeBreeze

Senior Member
megsmom32958 said:
What is the name of your state? West Virginia


My father -in-law (age: 60+) remarried 4 years ago. His wife is terminally ill and her time is short. He is worried that her daugher (age: 30+) and her 2 sisters will be entitled to a prtion of his real property upon her death. (Land, home) Everything is and has always been in his family and he is worried about loosing any portion of it to these three people who we considered to be "Gold Diggers". Everything is in my father-in-laws name, such as titles to cars, deeds to land and home, as well as all bills associated. My mother-in-law is not named on any documents. There is no money/savings. Both live on there Social Security incomes. Of course he understands that there will be personnal material belongings from his wife that these 3 women will want and he has no problem parting with things like her jewelry, momentos, etc. but would they be able to fight him for his wife's share or monetary equivalent to 1/2 of the land and home that has been in his family for 75 years? He is not comfortable around lawyers and has asked me to see what I could find out on the internet. I appreciate any answers received on his behalf.

Joanne
Tell pops to stopy worrying, the gold diggers have no claim on his "Separate Property".

West Virginia is an "equitable distribution" state. Each spouse may retain his or her separate property:
(1) acquired prior to the marriage;
(2) acquired by gift or inheritance during the marriage;
(3) any increase in value of the separate property; and
(4) any property acquired in exchange for any separate property.

Any joint bank account, or other mixed assets may be distributed according to her will or, if none exists, by intestate succession. Any insurance policy goes directly to the beneficiary.

If pops didn't put her on any deed she was a tenant.

He still should sit down and speak with a probate attorney just to ease his own mind. And someone should go with him.
 

megsmom32958

Junior Member
His wife is dying. As I write, she is in the hospital and may not come out. He is concerned that her daughter and her 2 sisters will try to get share of property/home. Are they entitled after her death to anything other than what he wants them to have? His wife does not have a will. Wouldn't anything that was hers go to him because he is the husbandl. I know if he died before her then her blood family would have rights to property upon her death. But will they have any rights to his property since she is dying and it has always been in his name and his family name?
 

BelizeBreeze

Senior Member
megsmom32958 said:
His wife is dying. As I write, she is in the hospital and may not come out. He is concerned that her daughter and her 2 sisters will try to get share of property/home. Are they entitled after her death to anything other than what he wants them to have? His wife does not have a will. Wouldn't anything that was hers go to him because he is the husbandl. I know if he died before her then her blood family would have rights to property upon her death. But will they have any rights to his property since she is dying and it has always been in his name and his family name?
Did you not read what I wrote to you?
 

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