Moderator: 3ne2nr Mods
Ryan197912 wrote:No a will is not final..it can be successfully contested
Well op ?MaxPower wrote:Hello Remremrem,
I hope all is well as we fight this pandemic.
Are you of indian descent by chance bro?
This is a large part of it88sins wrote:If your father left the land for your sister in his will with a provision for you to have permission to occupy for the rest of your life (its called a life interest), in the event of your untimely demise your sister owns the land, but not the building you built on it, that goes to your wife and kids.
If sis wants them off the land she'll have no other legal option than to offer to buy the house, and if your wife doesn't want to sell she can't be compelled to do so.
Ryan197912 wrote:No a will is not final..it can be successfully contested
88sins wrote:Ryan197912 wrote:No a will is not final..it can be successfully contested
True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.
Ryan197912 wrote:88sins wrote:Ryan197912 wrote:No a will is not final..it can be successfully contested
True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.
A magistrate you say ..this is a civil matter that will be dealt with by a judge sitting in the high court.
rspann wrote:Op. Is your name Rem Rerem or Remrem Rem ? We want to know your ethnic origin.
88sins wrote:Ryan197912 wrote:No a will is not final..it can be successfully contested
True, but anyone can contest anything.
The real question is if you're likely to be successful in contesting it. Its not something that's taken lightly, considering that it's the final instructions of the deceased on how his property should be distributed. A magistrate will not likely consider a will null and void unless very specific circumstances and items can be verified and substantiated.
EDIT
We must understand, the sister owns the land, no two ways about it, and op has a life interest in said land. So as long as he's alive he's been granted the right to occupy it.
However, the sister does NOT own the house op built on said land. So if he dies, ownership of the structure (not the land it's on) will fall to his dependents or beneficiaries, not the sister, and she will have a hard time proving why she should be entitled to it and not his beneficiaries.
Worst case scenario, after all said and done the beneficiaries may end up having to pay the sister rent for the spot the house occupies, buying the spot and the access to the house, or selling it to her.
rspann wrote:I have a deed with an annexed court judgement where a woman went to court to regain a portion of a property that her husband allowed a child he raised to build on. The judgement was that he was to be allowed to stay there . She got title of all the land save and except the house spot and access to it. The spot also passes to his heirs upon his demise .
Remremrem wrote:We are all of mixed descent lol
Ted_v2 wrote:
Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.
Remremrem wrote:Actually I don't want the land I just would want payment for the house for my wife and daughter...all my other children are grown and have their own houses and I have some land elsewhere that we can build a house on for my wife and youngest daughter .... I just do not think it fair that my sister inherits a house she did not contribute anything for. I will post results as the solution dissolves.. thank you all for the feedback.
dean_spleen09 wrote:Remremrem wrote:Actually I don't want the land I just would want payment for the house for my wife and daughter...all my other children are grown and have their own houses and I have some land elsewhere that we can build a house on for my wife and youngest daughter .... I just do not think it fair that my sister inherits a house she did not contribute anything for. I will post results as the solution dissolves.. thank you all for the feedback.
break down YOUR house and carry it on YOUR land.
hope you have a good sledge hammer
88sins wrote:Ted_v2 wrote:
Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.
So you feel. He probably knew EXACTLY what he was doing, considering that setting up life interest for op in his will was an intentional act to ensure that when he died he could leave the property for whomsoever he wanted and still ensure that his other child/children had a place to build a house to live in.
Where problems does start is when they DON'T leave a will or any sort of instruction as to how their assets should be disposed of.
Ryan197912 wrote:88sins wrote:Ted_v2 wrote:
Ole people doesn't realized the problem they does put their kids in when they do these crazyness, hell I would blame the lawyer too, seems like he doesn't have a good idea what he is doing.
So you feel. He probably knew EXACTLY what he was doing, considering that setting up life interest for op in his will was an intentional act to ensure that when he died he could leave the property for whomsoever he wanted and still ensure that his other child/children had a place to build a house to live in.
Where problems does start is when they DON'T leave a will or any sort of instruction as to how their assets should be disposed of.
You still posting here after you were called out for not knowing the difference between a magistrate and a judge as it relates to property matters...shameless people