family matters

[cheery 1]

I am new to this site a friend shared to me her experienced here in Visa journey which is great.

recently my friend's husband died and she was the second wife, the will was not notarized

but was signed by her husband, is there validity of the will? can the children of my friend's

husband in the 1st wife get anything they like in the house? and the title of the house & lot was in my friend's name

before her husband died. but she said to me the children already took all the expensive stuff from

the house and still they can't leave her alone they are still crawling to get more stuff in her house.

what shall I advice to my friend on this case. She is really messed up and financially she is broke

he can't afford to for lawyer fee.

VJ members please help my friend for any advice to start. and thank you in advance for any response here

[NigeriaorBust 4,087]

She needs to contact the police and ask they they be removed from the property. There is a thing called probate that settles the estate of someone that dies. She should report all the things take to the police unless the will stated who was to get the items they took.

[belinda63 3,047]

She will need to file a copy of the will with the local court clerk. Then the estate goes into probate, there is usually an executor named or if not the probate court will appoint one. Call the police and report the property that has been taken as stolen. Sounds like this is going to be a long drawn-out mess. Once the will is filed, the other parties will have the opportunity to contest it in court.

Call the police and have them stop taking things, make them return the items they already took.

[cheery 1]

She will need to file a copy of the will with the local court clerk. Then the estate goes into probate, there is usually an executor named or if not the probate court will appoint one. Call the police and report the property that has been taken as stolen. Sounds like this is going to be a long drawn-out mess. Once the will is filed, the other parties will have the opportunity to contest it in court.

Call the police and have them stop taking things, make them return the items they already took.

Hi belinda63, thank you for the response but the the will was not notarized although the husband signed it so all the stuff taken were all stolen.

[cheery 1]

She needs to contact the police and ask they they be removed from the property. There is a thing called probate that settles the estate of someone that dies. She should report all the things take to the police unless the will stated who was to get the items they took.

Hi NigeriaorBust thank you for response, she said to me before she was scared of reporting to police as the children might

do worst to her she is a foreign to this country, can she owns the house and lot as it was change to her name? is there

a share of the state? the will stated that she is inherits all the properties that were left by her husband the only thing was the will

was not notarized.

I f she will go to probate who will settle the state of someone who dies, will he be asked for a fee for this? thanks again and May God Bless you.

[NigeriaorBust 4,087]

You will have prove that the paper you have meets your states standard of a will or last testament. But no one even you has a right to the property of the deceased until after probate. The estate must first pay all outstanding debts and then the remainder will. divided according to the last valid will or by state law. As the resident of the property you have a right to evict people trespassing and they are stealing things so call the police and report everything the executor will deduct the value of anything already taken from anything they get of demand they make the estate whole.

[cheery 1]

You will have prove that the paper you have meets your states standard of a will or last testament. But no one even you has a right to the property of the deceased until after probate. The estate must first pay all outstanding debts and then the remainder will. divided according to the last valid will or by state law. As the resident of the property you have a right to evict people trespassing and they are stealing things so call the police and report everything the executor will deduct the value of anything already taken from anything they get of demand they make the estate whole.

Thank you NigeriaorBust, but, does my friend has the legal rights of the properties after the probate? I am confused so means the state

has the share of the properties if the deceased husband died with no will or last testament? I appreciate your response

[Darnell 8,479]

it depends on the state where the death occured,

and WHICH will is presented for probate.

---

if she is really hurting for monies now, she should consider renting out the rooms in the house on a monthly basis. She can do that, as you've mentioned the deed to the house and land is in her name, so she's the owner already, death or no death.

Edited October 12, 2013 by Darnell

[NigeriaorBust 4,087]

Actually her share depends of the deed in Ca for example you have joint tenancy with the right of suvivorship in which case she would own the house after probate settles the bills. Tenants in common mean they each own a share and on death they could give their share to a third person. What state is your friend in

[Darnell 8,479]

ya, but if the husband was smart, and put the deed in her name prior to death, death doesn't matter.

[cheery 1]

it depends on the state where the death occured,

and WHICH will is presented for probate.

---

if she is really hurting for monies now, she should consider renting out the rooms in the house on a monthly basis. She can do that, as you've mentioned the deed to the house and land is in her name, so she's the owner already, death or no death.

Good morning Darnell, thank you so much you enlightened the mind of my friend. Your response is greatly apprecaited