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Can my wife's children force me out of our house?

My wife has end stage cancer and the house is in her name even though we've been married for 23 years. We just never thought about changing it. Last week her son pulled me aside and said he couldn't wait until he could have his house back. Not only am I losing the love of my life it looks like I may my home too.
Status: Open    Dec 06, 2015 - 04:52 AM

Elder Law, Relationships

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Dec 08, 2015 - 12:51 PM

I would suggest that you review your wife's will, POA and other documents with an attorney. It would be unlikely that she has transferred home ownership to a child prior to her death, though she may transfer ownership at her death if that is her desire. I would discuss this with her.


Dec 11, 2015 - 09:05 AM

Absolutely see an attorney! Depending on state law, you may be eligible for what is called 'life estate' and have the right to live in the house until you die or wish to move out. This occured in my family as well, and since the step-father in-law was not specifically included or excluded in his wife's will, he was granted life estate and an equal portion of the estate with her children (DE intestate law).

Jan 05, 2016 - 12:46 PM

There are several possible answers. First ask her if she has a will. Is she competent to sign a will at this time? If so, do one. Surviving spouses have certian rights to homestead property. If there is not a will a surviving spouse takes 50% in most states and possibly a life estate in the property. Go speak to and elder law attorney or probate attorney in you area as soon as possibles.
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