I am listed as inheritor to my fathers house on his will, however he has a prenup drawn up afterwards giving my stepmother life

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Use of the house. Do I have any rights like being able to stay in the home upon my father passing away? Thank you

Attorney Answers

2
James Frederick ·
A Will is effective only at death. It can give you only what your father has, as of that time. It would appear that he would have the remainder interest in the property, and that is what you would receive. So you would not have the right to stay in the home, unless your stepmother consented to that. Upon her death, the home would be yours. James Frederick
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Eric Jerome GoldTrusts AttorneyCalabasas, CACA licensed ·
Mr. Frederick's response is correct. Your father's will is not set in stone until he passes away. He can only give you what he has as of the time of death. If your stepmother has a life estate in the property, you would hold the remainder interest. The house would be yours when she passes away or disclaims and further interest.
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