Filipina in the U.S. needs help!

[Mark&Fatima 14]

A Filipina friend of ours was married to an American man for nearly 2 years. He passed away about 2 weeks ago. His adult children, from a previous marrige, kicked her out of the house and told her she won't get a penny of their Dad's money. Her 2 year green card is going to expire in June so she needs to start the paperwork for that in a couple of months. What rights does she have regarding the house, his money, and also will she be allowed to stay in the U.S? Who does she need to contact for these things...the police? a lawyer?

Any help would be greatly appreciated!

Thank you,

Fatima

[Darnell 8,479]

rights on the house isn't any federal thing,

it's actually state laws.

was she ever listed in a deed or rental agreement? if so, she has instant rights to be in the house.

was there a will? if she's listed as one of the beneficiaries, then her 'rights' are not engaged until the will is probated through a court, unless there's something else, another legal document, in place allowing for temporary tenancy until the will is probated.

IMO, if she has a deed to the house with her name on it, the police can help her get it back, but she must talk with the desk sargeant at the police station to get the right human.

At some point, she might need a lawyer to enforce her rights. There may be other 'immediate' rights available to her, covering tenancy and assets, as a widow in that state (you not mention the state) so more research is needed, based on the state.

as to her current status of her green card, death of the primary sponser is a main reason to file the removal of conditions case.

Edited January 18, 2014 by Darnell

[mike56427 6]

...wow ... are there really people like that ... that is for sure one unique way to honor your father's memory ... hope they had a will or her name on the deed ... if so contact an attorney to sort things out... short of that, she should walk away from it and let the kids frolick in their greed and compassion. It will not affect her immigration status

A Filipina friend of ours was married to an American man for nearly 2 years. He passed away about 2 weeks ago. His adult children, from a previous marrige, kicked her out of the house and told her she won't get a penny of their Dad's money. Her 2 year green card is going to expire in June so she needs to start the paperwork for that in a couple of months. What rights does she have regarding the house, his money, and also will she be allowed to stay in the U.S? Who does she need to contact for these things...the police? a lawyer?

Any help would be greatly appreciated!

Thank you,

Fatima

[Hank_ 9,174]

A Filipina friend of ours was married to an American man for nearly 2 years. He passed away about 2 weeks ago. His adult children, from a previous marrige, kicked her out of the house and told her she won't get a penny of their Dad's money. Her 2 year green card is going to expire in June so she needs to start the paperwork for that in a couple of months. What rights does she have regarding the house, his money, and also will she be allowed to stay in the U.S? Who does she need to contact for these things...the police? a lawyer?

Any help would be greatly appreciated!

Thank you,

Fatima

She has lots of rights. She can get her 10 year green card no issue, read the USCIS website.

If the children think she has no rights.... think again. Show up with a marriage certificate and all bets are off.... odds are children are screwed.

[Mark&Fatima 14]

Thank you for the advice. I'm not sure if she was renting, making mortgage payments, or if it was paid off. I copy/pasted the advice to her.... thanks again

[The Nature Boy 4,224]

Thank you for the advice. I'm not sure if she was renting, making mortgage payments, or if it was paid off. I copy/pasted the advice to her.... thanks again

She needs to get a lawyer NOW!.As the wife she is the first Lineal Hier. Her rights come before the kids in rights of Lineal Succession. They can not kick her out, that is her house unless a a probate court says otherwise or it's in their names, even then the one year support thing will stop everything.

She needs to immediately file for one years support from the estate.and once again get a PROBATE lawyer.

The immigration thing is no big deal.She needs to concentrate on administering his estate. Does he have a will? Who is the executor.? Find the will.

The first thing i did after marrying was make a legal will, to ensure my wife was taken care of, and I appointed a local business man that I trust, who is also married to a Pinay to be the executor.

[The Nature Boy 4,224]

rights on the house isn't any federal thing,

it's actually state laws.

was she ever listed in a deed or rental agreement? if so, she has instant rights to be in the house.

was there a will? if she's listed as one of the beneficiaries, then her 'rights' are not engaged until the will is probated through a court, unless there's something else, another legal document, in place allowing for temporary tenancy until the will is probated.

IMO, if she has a deed to the house with her name on it, the police can help her get it back, but she must talk with the desk sargeant at the police station to get the right human.

At some point, she might need a lawyer to enforce her rights. There may be other 'immediate' rights available to her, covering tenancy and assets, as a widow in that state (you not mention the state) so more research is needed, based on the state.

as to her current status of her green card, death of the primary sponser is a main reason to file the removal of conditions case.

Darnell is right..I did not realize she was already out of the house..She should have never moved.Of course if it was a month to month apartment no big deal. If the house is still not occupied I suggest she move back in ASAP