My husband's daughter is in his will for an amount of money but not on our property, can she have a lien against our property before he passes away? 13 Answers as of November 04, 2017

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Christine Sabio Socrates Attorney at Law | Christine Socrates
Is she filing a lien in regards to the amount of money she is promised in her father's will? If so, no she cannot file an lien because she has no right to an amount of money prior to her father's death. She may have an interest in the property if somehow the will is found invalid or she contests the will. It would be a good idea for you to make sure you have a joint and survivor deed with your husband or a transfer on death affidavit if you are not on the deed.
Answer Applies to: Ohio
Replied: 11/4/2017
Ronald K. Nims LLC | Ronald K. Nims
A will has no effect until the person has died.
Answer Applies to: Ohio
Replied: 11/2/2017
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
No. A will does not do anything at all until the testator passes away. She doesn't have anything at all until your husband dies.
Answer Applies to: Oregon
Replied: 10/31/2017
Law Offices of George H. Shers | George H. Shers
No. His daughter has a possibility of getting some money, but has no right until her father dies, still has a provision in his Will that she is entitled to some money, there are sufficient other assets not given to someone else that could be sold to pay her that sum, etc. If he leaves his portion of the house to you [even if he merely gives you a life estate in the house with his interest then passing to her after you die], she has no right after his death against the house. If you live in California, the house normally is community property so you own half of it and his estate would only have a half interest. If title is a joint tenants, as opposed to tenants in common, then you automatically get ownership of the entire house upon his death and the daughter would have no possible claim against it as it is not part of hi estate. You need to speak to your husband to determine what he really wants to occur when he dies [does he want you to have the house without his daughter having any claim against it while you are still alive]. Read some books, especially those by Nolo Press, that explain the law and options. Since you clearly are somewhat afraid and obviously do not know the law, it would be worthwhile to you to spend several hundred dollar to speak to an attorney who handles Wills to determine how to handle his assets with the least amount of cost and trouble. If you make a mistake, it might cost you several thousands of dollars, o it is worthwhile to spend several hundred now.
Answer Applies to: California
Replied: 10/31/2017
S. Joseph Schramm | Joseph Schramm
Under the circumstances you describe she does not have a lien on your husband's property simply because he has remembered he in the will for specific amount of money. The only way she could obtain any lien against his property would be if she obtained a judgment against him in a suit or if he executed a document in her favor that would result in a lien against his property. He could also convey an interest in his property to his daughter such as her being a remainder tenant in a life estate, but that would require him to execute a deed to himself as a life tenant with her as the remainder tenant.
Answer Applies to: Pennsylvania
Replied: 10/31/2017
    Gates' Law, PLLC | Thomas E. Gates
    No, she does not have rights to any sum of money until his death. Further, he can change his will as he sees fit in the future.
    Answer Applies to: Washington
    Replied: 10/31/2017
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No, she can't. The bequests in a will only come into existence at the person's death. Furthermore, your husband can change his will any time before his death and even eliminate his daughter's bequest.
    Answer Applies to: Nebraska
    Replied: 10/30/2017
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    Answer Applies to: New York
    Replied: 10/30/2017
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    Answer Applies to: Michigan
    Replied: 10/30/2017
    The Stutes Law Group, LLC
    The Stutes Law Group, LLC | Ronald E. Stutes
    No. A will has effect only upon the death of the testator. Even then, if the will is properly drafted, she would have no claim on the property if there is not enough cash in his estate to satisfy the bequest.
    Answer Applies to: Louisiana
    Replied: 10/30/2017
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    No. The daughter cannot lien the property before her father's death. Without knowing exactly what the will says, it is difficult to give you? a definitive answer. You should have your daughter contact an estate planing or probate attorney to discuss this matter. If your daughter has copy of the will, that needs to be reviewed by an attorney as well.
    Answer Applies to: Georgia
    Replied: 10/30/2017
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    No. A disposition in a will does not create any right while the testator is alive.
    Answer Applies to: New York
    Replied: 10/30/2017
    Skillern Law Firm
    Skillern Law Firm | Penni Skillern
    No, interest in the will does not vest until after he passes away. There would be no way for her to have any interest in the property before that event.
    Answer Applies to: Oklahoma
    Replied: 10/30/2017
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