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WHO GETS THE HOUSE??? DOES MY BROTHERS WIFE HAVE A CLAIM TO IT? CAN SHE TAKE THE HOUSE ? WHAT IF MY MOTHER DIES, DOES SHE GET IT
Anonymous7 views3 answers
MY MOTHER THOUGHT SHE WAS TOO OLD TO GET A HOUSE FINACED, SHE PAID OFF MY BROTHER MIKES BILLS AND PAID $15.000.00 DOWN AND HAD IT FINANCED IN MIKES NAME,,,YEARS LATER HE MARRIED, SHE DIDNT WANT THE HOUSE SHE HAD HER OWN AND KNEW IT WAS MY MOTHERS,,MIKE HAD THE LOAN RE-FINANCED SEVERAL TIMES OR IT WOULD BE PAID BY NOW. HE IS DECEASED, MY MOTHER STILL LIVES THERE. HIS WIFE REMARRIED, MOM IS PAYING HALF OF LOAN PMNT, MIKES TWO STEP DAUGHTERS PAY THE OTHER HALF,, HIS WIFE NEVER WORKED WHILE THEY WERE MARRIED, WE,,MIKES FAMILY HAD TO PAY FOR HIS FUNERAL HE WAS 45 AND HAD NO INSURANCE, 3 DAYS AFTER WE BURIED MY BROTHER SHE TOLD MY MOTHER SHE WANTED THE HOUSE TO OPEN A DAY CARE, MIKE HAD NO WILL, HER NAME IS NOT ON THE LOAN AS THEY WERE NOT EVEN DATING AT THE TIME,
Your mom really needs to hire a Kingsport lawyer to untangle this. she may have some equitable claims, but without a deed or any writing, she may be out of luck.
James Richard Cook IIDivorce / Separation LawyerKingsport, TN ·
Based on the facts given, if Mike was married with no will and no children, his wife takes the house. However, not knowing how the house was titled, I cannot accurately answer the question. You should consult with an estate planning attorney in the area. Best of luck to you!
Your mother needs to consult a lawyer who is experience with probate. Often there are equitable principles to help bring fairness to transactions where one party (your mother) has paid substantial sums and may have thereby acquired an "equitable lien" or some other interest in the home. It is said that one person should not be unjustly enriched at the expense of another. Note that I practice in WA and the rules and legal theories available in TN are certain to be different. Nevertheless your mother's investment in the home more than justifies her seeing an experienced probate attorney and get an answer as to whether there is a reasonable probability of protecting or recovering her investment in the home. Elder law attorneys often handlle these kinds of cases. You can find a probate or elder law attorney here on or by going to the website for the National Academy of Elder Law Attorneys at www.naela.org.
