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And car? Guessing I should hire an atty his son is very money hungry needs all he can get. We live in the house and I drive the car. i am in florida. I Contribute 800.00 mnth to acct. do all the housework,cooking shopping chauffeur?
Whether or not the house would pass directly to you, outside of a will, depends on how it's titled. Is the house in your name, his name, or both of you (a) as joint tenants in common or (b) as joint tenants with rights of survivorship?
Same issue with the car - how is it titled?
If your name is not on either title of the house or car, and you're not named as an heir in the will, unfortunately you won't be inheriting either one.
What is the "account" to which you contribute? For payment of the mortgage and house upkeep?
I'd run not walk to a divorce atty., not to get a divorce but to get their expertise on what & how for you to secure your share of the assets of your marriage both now and if hubs should predecease you. Even if items are in his name alone, you can do things to attach to them for your own long term financial stability. If there are elder law issues they will have attys they work with on that front as well.
Sonny - the bloodsucking vulture - is likely just waiting for dad to drop....would you say that is accurate??
What the FL atty might be able to do is whatever is FL version of a "usafruct". In my state -Louisiana -these are done all the time for 2nd /3rd marriage situations. It's a way for hubs -with a totally straight face- to tell his kids from formerly wedded bliss #1 that he is leaving his property, beach house in another state, royalties, etc to them.......but if all is put as a usafruct, it will mean that wife #2 or 3 (and her kids or even their kids) continue to have full use of the assets during new wife lifetime or unless she decides to relinquish the usafruct (which likely means she gets a share from the sale of the asset to give up her usafruct... it gives her a legally binding negotiating position in her favor, comprende?). Usually some sort of small trust with an income stream is set up to deal with the basic costs of the property (taxes, insurance).
I can't add to all the good advice already given, but I would question why your husband did not include you in his will. It seems as though "hubby" got the better part of this marriage. Take control of your life and see that lawyer today!
If you were married at the time of your husbands death, you have rights. It varies state to state. I can't understand why you were not in his will, but this may be a problem for you. I think you need a lawyer, or talk to the estate lawyer, he or she should be able to tell you something. Good luck.
Based on your question, I think your husband is still alive. If he is and still have his mental capacity, see about making some changes to protect you. If the joint bank account has "Mr. and Mrs." then you both have to sign things. If it is "or" then you can take the money out and put it in another account with just your name. I would do this because it could be tied up in court if the son files a claim. Other than that, see a lawyer for the house and car.
Yes, now is the time to talk with an estate planning attorney who understands the elder law issues in your state.
Each state has unique laws that grant rights and benefits to the surviving spouse. These special laws may give the surviving spouse some limited rights to set aside provisions of a spouse's will and claim the use or possession of assets, such as a house.
Rather than rely on those limited protections, the best approach for people who have remarried is: advance planning, with the help of an attorney in your state who can explain where you stand today, and how you can be protected at the time of transition. It’s best if each spouse has their own attorney to negotiate and protect the individual interests of each spouse. That protects you from unreasonable claims from family members who may try to say their parent wasn’t properly represented.
Here is a story of a couple who relied on unwritten arrangements, leaving the survivor to defend against serious claims.
The deed needs to show you both own the house. Any bank accounts need to have both names. DO NOT allow the son to be put on any bank accounts. He will be able to go in and clean u out. I would see a lawyer to protect ur rights. If u aren't on the bank acct, open ur own. I had an Uncle who lived with a woman who claims she put her money into his acct. She didn't have her name on the acct but the son did. When his Dad was hospitalized the son cleaned out the acct.
Hi, I just recently took RE Law classes for Ohio. Depending on the state you live in such as Ohio, you have dower rights as a spouse. If the deed is titled in both your names you should be okay. If the bank accounts are in both names the son will not be allowed to touch the money. If he tries to put his name on the account he has to have both you and your spouse's signatures to allow this. POA is only good until death unless you have one that carries through after death. A will can superceed everything else. You need to become the executor of the Will. Also the Will could be considered invalid if a new one was never written after the marriage. Like others have said get an attorney one who specializes in elder law and probate laws or RE laws.
I'm starting to wonder whether or not but will they have been written before you and your husband ever married. He may have gotten it done pretty young, this is just a thought. Sometimes people do make out their wills when they're still single so they need not worry about things when they're older. Sometimes taking care of the most major things takes a little bit out of us and it seems to be very mentally draining. I'm not sure anyone really likes thinking much about making a whale but many people do because it's a business thing. A legal will will help protect what you have should something happen to you. Making out your wheel when you're young really pays off because you can do it while you have a good frame of mind to make such decisions. Making out your wheel when you're young is a smart move just in case anything happens to you such as a car wreck or some other tragedy during your younger years.
One thing I'm wondering is did you both sign a prenuptial agreement before you ever married? If so, you'll want to read it very carefully to see what it says and what is covered in that prenup. Whatever he covered in that prenup agreement would be binding if you both signed it. Prenup agreements protect both parties in case of a split because neither one can be taken to the cleaners.
I think more background information is needed. How long have you been married? If a will was written long ago and you have been married only a short time, I can see why the adult children may be upset. A prenup should have been drawn up if you were to have claim on any assets of the estate.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Same issue with the car - how is it titled?
If your name is not on either title of the house or car, and you're not named as an heir in the will, unfortunately you won't be inheriting either one.
What is the "account" to which you contribute? For payment of the mortgage and house upkeep?
Sonny - the bloodsucking vulture - is likely just waiting for dad to drop....would you say that is accurate??
What the FL atty might be able to do is whatever is FL version of a "usafruct". In my state -Louisiana -these are done all the time for 2nd /3rd marriage situations. It's a way for hubs -with a totally straight face- to tell his kids from formerly wedded bliss #1 that he is leaving his property, beach house in another state, royalties, etc to them.......but if all is put as a usafruct, it will mean that wife #2 or 3 (and her kids or even their kids) continue to have full use of the assets during new wife lifetime or unless she decides to relinquish the usafruct (which likely means she gets a share from the sale of the asset to give up her usafruct... it gives her a legally binding negotiating position in her favor, comprende?). Usually some sort of small trust with an income stream is set up to deal with the basic costs of the property (taxes, insurance).
Was this will written before the marriage? If so, there's your answer.
Another question is was the spouse influenced by this money hungry son? These are just some things to consider
he or she should be able to tell you something. Good luck.
Each state has unique laws that grant rights and benefits to the surviving spouse. These special laws may give the surviving spouse some limited rights to set aside provisions of a spouse's will and claim the use or possession of assets, such as a house.
Rather than rely on those limited protections, the best approach for people who have remarried is: advance planning, with the help of an attorney in your state who can explain where you stand today, and how you can be protected at the time of transition. It’s best if each spouse has their own attorney to negotiate and protect the individual interests of each spouse. That protects you from unreasonable claims from family members who may try to say their parent wasn’t properly represented.
Here is a story of a couple who relied on unwritten arrangements, leaving the survivor to defend against serious claims.
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm
One thing I'm wondering is did you both sign a prenuptial agreement before you ever married? If so, you'll want to read it very carefully to see what it says and what is covered in that prenup. Whatever he covered in that prenup agreement would be binding if you both signed it. Prenup agreements protect both parties in case of a split because neither one can be taken to the cleaners.