concerned1977
Member
What is the name of your state (only U.S. law)? VA
I have a question about children being able to inherit property from their parents versus the spouse.
The situation is that my grandfather wants to make sure that when he passes away his current wife is able to keep the house and car (he doesn’t have anything else) and that his children (my mother and uncle) do not lay any claim to the house and car. My mother has already agreed to this since my grandfathers current wife is the one who has been there on a daily basis to take care of him. However, my uncle seems to think that the house is “his” and that he is “entitled” to it (A little background – for several years by uncle has been ruining my grandfathers credit by convincing him to co-sign on loans for cars and houses that are always being reposed/foreclosed – but that’s another story).
My grandfather is perfectly capable of making rational decisions on his own (yes - I know he used bad judgement when co-signing for my uncle, but that's another story) and the reason that this is going on now is because my uncle recently defaulted on another home loan, leaving my grandfather to deal with the foreclosure and it has completely stressed him out. He’s also not getting any younger (85) and wants to plan for the well being of his current wife (57). (FYI - I say “current” wife because she is not the mother of my grandfather’s children)
The house and car in question were purchased after my grandmother (the mother of his children) died so my uncle wouldn’t be able to lay any claim to the property based on inheritance from his mother, but what we are wondering is would it be enough to simply add my grandfather’s wife’s name to the house deed (do a quit-claim deed to add another owner) and add her name as an owner on the car title? Or can my uncle still come back and say he is entitled to my grandfather’s “share” of the property. If that is the case, would my grandfather have to specifically put in his will that his “share” of the property is to go to his wife and not his children?
Note he wouldn't be able to put everything in his wife's name because there is still a little bit of money owed for each (the loans would be paid in full with the little bit of life insurance money that my grandfather has if there is still a balance owed when he passes away).
Thanks in advance for your advice.
I have a question about children being able to inherit property from their parents versus the spouse.
The situation is that my grandfather wants to make sure that when he passes away his current wife is able to keep the house and car (he doesn’t have anything else) and that his children (my mother and uncle) do not lay any claim to the house and car. My mother has already agreed to this since my grandfathers current wife is the one who has been there on a daily basis to take care of him. However, my uncle seems to think that the house is “his” and that he is “entitled” to it (A little background – for several years by uncle has been ruining my grandfathers credit by convincing him to co-sign on loans for cars and houses that are always being reposed/foreclosed – but that’s another story).
My grandfather is perfectly capable of making rational decisions on his own (yes - I know he used bad judgement when co-signing for my uncle, but that's another story) and the reason that this is going on now is because my uncle recently defaulted on another home loan, leaving my grandfather to deal with the foreclosure and it has completely stressed him out. He’s also not getting any younger (85) and wants to plan for the well being of his current wife (57). (FYI - I say “current” wife because she is not the mother of my grandfather’s children)
The house and car in question were purchased after my grandmother (the mother of his children) died so my uncle wouldn’t be able to lay any claim to the property based on inheritance from his mother, but what we are wondering is would it be enough to simply add my grandfather’s wife’s name to the house deed (do a quit-claim deed to add another owner) and add her name as an owner on the car title? Or can my uncle still come back and say he is entitled to my grandfather’s “share” of the property. If that is the case, would my grandfather have to specifically put in his will that his “share” of the property is to go to his wife and not his children?
Note he wouldn't be able to put everything in his wife's name because there is still a little bit of money owed for each (the loans would be paid in full with the little bit of life insurance money that my grandfather has if there is still a balance owed when he passes away).
Thanks in advance for your advice.