2
   

Step Dad says he doesn't accept will. Wants 50% share of house.

 
 
Reply Sat 13 Apr, 2019 11:46 am
My mother owns a house which my step-dad paid towards. My mum wants to leave the house to all three of us (step-dad, me and my brother). Me and my brother are both biological sons and step-dad has been married to our mum for about 8 years.

My mum wants us all to have the same share (33%) each.

My step-dad says he wants 50%. Although my mum has made a will detailing the house to be shared as 33% each, and me and my brother are going to be the executors. Our step dad says he doesn't accept the will and the will is not going to be acknowledged because he is the husband and will get 50% (somehow?)

My question is, can he challenge the will or is it set in stone and we are all going to receive the equal share? Please advise. Thank you.
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Question • Score: 2 • Views: 420 • Replies: 8
No top replies

 
jespah
 
  2  
Reply Sat 13 Apr, 2019 02:01 pm
@jensen995,
You need a lawyer to untangle this
0 Replies
 
neptuneblue
 
  -2  
Reply Sat 13 Apr, 2019 03:45 pm
@jensen995,
And this is why most remarriages end in divorce....

All around, it seems no one is happy. But here's some truth:

As you know, a will is the ultimate way to disperse your worldly goods after you die. It sets proportion to the remaining assets AND debts that someone leaves behind. However in some cases, a will can be disputed under certain circumstances.

This might be one of them. A remarried spouse IS entitled to the first $20,000 of the estate PLUS a 1/3 share of the balance. So, yes, he does have a legal leg to stand on, but that means proving in Probate Court why his wife's wishes can not followed due to incapacitation. It also matters if his name is on the deed to the property, because regardless of a will, you wouldn't be entitled to his share, only hers. He may also get EVERYTHING, house, cars, bank accounts, personal property.

There's a ton of ways the estate can be divided. You can designate a life estate, where he has control of the house until he passes, then it reverts to you and your brother.

Or, you can try to kick him out, sell it and go from there. (Not advisable).

What IS advisable is to stay out of it. It's their marriage and their house. Let them figure it out.

roger
 
  1  
Reply Sat 13 Apr, 2019 03:59 pm
@neptuneblue,
neptuneblue wrote:

A remarried spouse IS entitled to the first $20,000 of the estate PLUS a 1/3 share of the balance.


I believe this is called a 'forced share'. It varies from state to state. In some states, it still only applies to the surviving wife.
InfraBlue
 
  2  
Reply Sat 13 Apr, 2019 05:14 pm
@roger,
What's more, the poster seems to be British or Commonwealth. I would think that their estate laws are different than ours.
0 Replies
 
jespah
 
  2  
Reply Sat 13 Apr, 2019 05:34 pm
@neptuneblue,
Laws differ. A definitive statement about the law, when we don't know the jurisdiction, is a recipe for error.

Giving out legal advice is against the TOS here, and for good reason-- posters can be misled and can lose a lot. Same with medical advice, BTW.
neptuneblue
 
  -4  
Reply Sat 13 Apr, 2019 06:17 pm
@jespah,
The only advise I gave was to stay out of it.

Maybe I should have run that by the TOS to see if that were applicable. Alas, I didn't. Ya got me...
jespah
 
  2  
Reply Sat 13 Apr, 2019 06:50 pm
@neptuneblue,
neptuneblue wrote:

....A remarried spouse IS entitled to the first $20,000 of the estate PLUS a 1/3 share of the balance. ...
Looks awfully specific to me.
0 Replies
 
Linkat
 
  1  
Reply Mon 15 Apr, 2019 08:08 am
@jensen995,
Agreed - you should have a lawyer work this will out. For splitting property 50/50 - many states like Mass are considered common law property state or a community property state whereas in the case of divorce or death of a spouse -but it can be tricky - it could depend on how long they have been married, if both their names are on the deed - it is really state specific.

I know for instance, that for life insurance I have to put my husband as beneficiary unless he signs away this right. I have no choice. It may be the case with your mom and this will - that he has the right as being her husband that they only way to will it to the kids is for him to sign he right away. I guess I can understand this - what happens if your mom dies? Where is her husband going to live say after being married to her for 20 years and he is 80 years old? Will he trust that you kids won't boot him out?

You really need a lawyer to verify this. Maybe you could have some sort of compromise. Where the house is 50% of his thus ensuring he has a home to live in as long as he is alive and then upon his passing that the 50% then is divided equally among you kids. He may be more willing to compromise on that if he feels comfortable that he is a position to have some sort of home if there were to occur.
0 Replies
 
 

 
  1. Forums
  2. » Step Dad says he doesn't accept will. Wants 50% share of house.
Copyright © 2025 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.04 seconds on 07/17/2025 at 01:31:07