wife died suddenly

[joessie 0]

on Behalf of a friend

he has been married for 3.5 years but his wife suddenly died in January , he is legal and he has Finnish the process and obtained all his papers, his wife family are trying to kick him out of the house and take the car from him and somehow want him to leave and go back to where he belongs, they are mean to him and threaten him, so my question is, since they were married will he be able to keep what she left after her, or her family can have it all or share? any input will be so very helpful .

thank you guys

[jundp 191]

It will depend on the laws of the state in which they resided together. However, he should have no problems remaining in the US if that is what he wants to do.

[Darnell 8,479]

did she leave a will?

also - if the house were in both names (hers and his) then there's nothing the parents can do.

same thing about the title/ownership on the car (regardless of who actually paid for it).

in a marriage, when the spouse dies, the other spouse has 'first claim' to all, unless there is legal paperwork in place stating otherwise (prenuptial agreement, postnuptial agreement, will)

these 'rights' to the living spouse vary by state, however. But he does have rights.

here's a nasty thing, though - if BOTH of them were living with her parents (title of house in parents name?) , and now she's dead, and the parents want him to get the #### out, that's a bit different - he should at least move out, then protect all of the marital assets. If the parents are being nasty, then something is wrong, so dreadfully wrong that they want him gone.

also have him review all 'payable on death' (POD) instrutions on all financial things (bank accounts, CDs, stock trading accounts, deeds of trust)

Edited March 2, 2010 by Darnell

[VanessaTony 3,567]

on Behalf of a friend

he has been married for 3.5 years but his wife suddenly died in January , he is legal and he has Finnish the process and obtained all his papers, his wife family are trying to kick him out of the house and take the car from him and somehow want him to leave and go back to where he belongs, they are mean to him and threaten him, so my question is, since they were married will he be able to keep what she left after her, or her family can have it all or share? any input will be so very helpful .

thank you guys

As stated it will depend on the laws of the state they resided in, and whether she had a Will.

Typically everything passes to the spouse when there's no Will. HOWEVER, who's house is it? Did his wife own the house? Is he on the lease?

If he isn't on the lease, then he will likely have to move out anyway. If she owned the house he should get it (in theory.. depends who's on the title). The car again depends. Personally I would be calling a solicitor and calling the police any time the family comes by.

If possible seeing they're being so difficult, if he has no ties I would pack up and leave. Hire a trailer, pack everything in the dead of night and leave. They won't be able to follow him. Evil people.

He really should speak with a solicitor. This isn't really the place for this. I'm going to move it somewhere else...

** moving from "K-3 Spouse Visa Process & Procedures" to "Moving Here and Your New Life In America" as this isn't related to K3 and is more about life in America etc**

Edited March 2, 2010 by Vanessa&Tony

[joessie 0]

As stated it will depend on the laws of the state they resided in, and whether she had a Will.

Typically everything passes to the spouse when there's no Will. HOWEVER, who's house is it? Did his wife own the house? Is he on the lease?

If he isn't on the lease, then he will likely have to move out anyway. If she owned the house he should get it (in theory.. depends who's on the title). The car again depends. Personally I would be calling a solicitor and calling the police any time the family comes by.

If possible seeing they're being so difficult, if he has no ties I would pack up and leave. Hire a trailer, pack everything in the dead of night and leave. They won't be able to follow him. Evil people.

He really should speak with a solicitor. This isn't really the place for this. I'm going to move it somewhere else...

** moving from "K-3 Spouse Visa Process & Procedures" to "Moving Here and Your New Life In America" as this isn't related to K3 and is more about life in America etc**

thanks for your timely and quick restraint, he is little frightened now and his level of English speaking is not that good. but with what you stated above he could have a glimpse of hope . thank you guys

[pushbrk 13,116]

on Behalf of a friend

he has been married for 3.5 years but his wife suddenly died in January , he is legal and he has Finnish the process and obtained all his papers, his wife family are trying to kick him out of the house and take the car from him and somehow want him to leave and go back to where he belongs, they are mean to him and threaten him, so my question is, since they were married will he be able to keep what she left after her, or her family can have it all or share? any input will be so very helpful .

thank you guys

He needs to retain counsel immediately. Yes, he has rights but will need them explained and need representation to secure them.

[Anh map 2,098]

As stated it will depend on the laws of the state they resided in, and whether she had a Will.

Typically everything passes to the spouse when there's no Will. HOWEVER, who's house is it? Did his wife own the house? Is he on the lease?

If he isn't on the lease, then he will likely have to move out anyway. If she owned the house he should get it (in theory.. depends who's on the title). The car again depends. Personally I would be calling a solicitor and calling the police any time the family comes by.

If possible seeing they're being so difficult, if he has no ties I would pack up and leave. Hire a trailer, pack everything in the dead of night and leave. They won't be able to follow him. Evil people.

He really should speak with a solicitor. This isn't really the place for this. I'm going to move it somewhere else...

** moving from "K-3 Spouse Visa Process & Procedures" to "Moving Here and Your New Life In America" as this isn't related to K3 and is more about life in America etc**

FYI - In the US solicitors are lawyers that work for the government or door-to-door insurance/copier/pain in the azz salesmen.

[Darnell 8,479]

ya, get a lawyer you've not moved to UK or EnZed or Oz or Singapura, yet

[Terca 6]

So interesting how some people use the phrase " go back where you belong"

who are they to say where that place is

[Angel and Gendy 1]

I guess you can't choose your family on either side, my condolences to him.

[Rebecca Jo 1,962]

did she leave a will?

also - if the house were in both names (hers and his) then there's nothing the parents can do.

same thing about the title/ownership on the car (regardless of who actually paid for it).

in a marriage, when the spouse dies, the other spouse has 'first claim' to all, unless there is legal paperwork in place stating otherwise (prenuptial agreement, postnuptial agreement, will)

these 'rights' to the living spouse vary by state, however. But he does have rights.

here's a nasty thing, though - if BOTH of them were living with her parents (title of house in parents name?) , and now she's dead, and the parents want him to get the #### out, that's a bit different - he should at least move out, then protect all of the marital assets. If the parents are being nasty, then something is wrong, so dreadfully wrong that they want him gone.

also have him review all 'payable on death' (POD) instrutions on all financial things (bank accounts, CDs, stock trading accounts, deeds of trust)

Rights of the spouse to property of the decedent (should they die intestate) vary widely from state to state. No one should assume they have rights to their deceased intestate partner's property, especially if that person had children.

[Other 0]

his wife family are trying to kick him out of the house and take the car from him and somehow want him to leave and go back to where he belongs

I wonder if they are blaming him for her death. This is where a lawyer is going to be important. I don't expect my parents to ever do this to my fiancee, so I would think the relationship between his wife and her family was already troubled.

Other

[Peace be still 6]

Does her family think that he is the cause of her sudden death? If she owned the house before he ever came then he might not be entitled to it. But like the other people said your friend should get an attorney.