How does co-ownership of a house work when the deceased has left her half of the house to her children while her husband owns the other half?
The woman in this situation remarried after her (first) husband died. When she passed away she left her half of the house she shared with her second husband to her four children, all adults.
Therefore, the surviving spouse owns his half of the house and the four children own their mother's half of the house.
Are there legal rules or typical guidelines for co-ownership of the house between the four children and the still living spouse or is this something that is worked out between the individuals? (Or is it both/somewhere in the middle?) When whatever arrangement is determined by the five parties, should a formal (legal) agreement be drawn up to protect all parties?
This is in the State of Massachusetts.
2014-03-24T07:31:31Z
First responder, thank you for your reply. Empathetic as it is, and kind of you to share your personal experience, but I am looking for a legal perspective on this issue.
As stated, the children are grown adults. The decision to leave 1/2 of the house to them was part of the will. They have always been frequent visitors and care-takers over the years for the two senior citizens. The house is paid for.
2014-03-24T11:04:01Z
Responder #2, you are more on target. They do have an attorney, the one who drew up the will, and this will be going through probate, however, it's a long process and every question costs money, which is partly why I was asking questions here . . . to get leads, tips, words of wisdom.
House was owned as 'joint tenancy.' The will states the executor has the right at his/her discretion to sell, remortgage the house, etc.
Will continue to look 4 answers but will assign 'best answer' soon.
Humean Condition2014-03-24T07:44:08Z
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You need to call an estate planning or probate lawyer in Massachusetts.
Why? There are a whole bunch of things that will have to be reviewed before deciding whether the interest in the house passes to the children at all. A lawyer will need to review the documentation to determine whether the house was actually co-owned or whether it held by both parents as a joint tenancy with right of survivorship or a tenancy by the entireties. If it really is co-owned, he'll review Massachusetts law on the spousal share and see whether the interest can legally be passed at all and whether the spouse will be claiming the interest in the house to satisfy his statutory share. He'll know whether the surviving spouse gets a life estate in the house, allowing him to live out his days there. He'll need to review the previous passage from husband #1 to wife in order to see whether she received the house in fee simple or whether there were any future interests held by husband #1.
And the above is only the half of it. You really don't want to get into it. Call a lawyer.
If the interest passes to the children, you're going to want to "partition" the property, which is dividing it up between the interest holders. Be sure to mention that.
This is odd, but in some ways makes sense. This woman knew that, if she did not do this, then most likely the surviving spouse at one time could have or will get remarried, thus, if that happened, then most likely the children would not get the house, but then could go to the new spouse, if he died prior.
I am guessing that the 4 children are grown? Are any or all of them also living in the house at this time?
The biggest problem I see is if the house is paid for, or if there is still a mortgage on it? What about upkeep or maintainence?
I remember when I was a child, my great grandparents died 10 years apart and had 13 children. There was no will, so by intestate, all 13 kids inherited the house with my great grandmother. If, I remember my dad telling me that they sold the house and split between mother and the 13 kids (not worth a lot) and the last 10 years of her life, she spent living with each of the kids. It was sad that she could not live there for her remaining years, then had the house sold after her death.
It is unclear if there was a will, or what happened is like what happened to my great grandmother.
I have lost both my parents, my brother and my husbands parents w/in the last 20 years. When there is any assets, sometimes you have problems when 1 person/s, who do not agree on how things should be divided, and can get nasty. The kids now have a step parent left, that is unknown how they feel about him and my guess this could become a mess and fighting on who pays what, or does what.
This is something that a lawyer needs to review for legal advice. I do not see any good if left alone and yes, some kind of legal agreement should be drawn up to specifically address all issues .
Like Humean Condition says, an estate lawyer of your own can figure this out only after reviewing the actual deeds and wills involved, establishing the rights of the surviving spouse of the first marriage, bringing her property to the second marriage and purporting to dispose of it by will.
Assuming it is now owned as "tenants in common", it would be wise to determine how to change that into something more conducive to future sale, otherwise every tenant's heirs will further divide the ownership.
I have a neighbor whose property is currently owned by an estimated 300 different people, having inherited "undivided" common tenancy from a group ownership over several generations (i.e, "an equal share to all the surviving members of my group, at the time of my death, and their heirs..."). It is basically "unsellable".