Spousal (non-Executor) rights to home after death.

tpwpny

New Member
Jurisdiction
New York
What are the rights of a spouse to a husband's property (home) after his death, if she is not a named heir in the will, not executor, and did not have residence in the husband's house until following his death? What if she demands to remain living in the house and fight its liquidation as an asset?

Is she categorized as a tenant, resident, squatter, or....?
 
How is the home deeded? Was it bought or paid for using marital assets? What does the will say regarding the house?
 
How is the home deeded? Was it bought or paid for using marital assets? What does the will say regarding the house?

The home was not purchased with marital assets. The finances were never conjoined - the wife was a "green card marriage" as a favor to her, and she lived separately from him...in another state... and only made occasional visits to the house every 1-2 mos for a few days each. She never made any financial contribution to the marriage.

The entire estate was willed to the two sons, one of which is now Executor (me), passed probate, and the wife filed for Right of Elective Shares. She still claims "ownership" and "rights" to remain there and is obstructing liquidation with frivolous acts like phony protective order filings against us two sons.

There is a reverse mortgage on the house, if that makes any difference.
 
You have several threads on this issue. If you are the executor it's time for you to hire an attorney. If you aren't the executor it's time for the executor to hire an attorney.

I don't see you solving your problem by continuing to ask questions of strangers on the internet.
 
There is a reverse mortgage on the house, if that makes any difference.


The lender ends up owning a home under a reverse mortgage.

Relatives can seek to buy the home.

The reverse mortgaged home won't pass through the estate of the deceased to the family.

The lender gave the deceased cash, the lender owns the home.

The lender has a lien against the home.

In some cases, a spouse can remain in the home until her or his death.

The surviving spouse gets a life estate, but can't sell the home.
 
You have several threads on this issue. If you are the executor it's time for you to hire an attorney. If you aren't the executor it's time for the executor to hire an attorney.

I don't see you solving your problem by continuing to ask questions of strangers on the internet.

I have one. There are certain questions, however, that I would like different perspectives on --or so I can approach counsel as a more informed client. Apologies, but I took this site to be a forum where people could ask legal questions and increase their knowledge of certain scenarios. If it's not appropriate to ask strangers questions on the Internet, I think that invalidates the existence of pretty much every forum on the web.
 
Back
Top