What can be done if my dad passed away and he had a pre-nup with my step mom now she is selling their house and in his will it said that it’s for us? 7 Answers as of July 16, 2014

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Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
General rule, is first in time, first in right; therefore if the prenup granted her the house on or before death, then the will has no legal effect, assuming she was still married to him at death, and the prenup was not disposed of in a divorce.
Answer Applies to: California
Replied: 7/16/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
How is title held? What does the paperwork say? Have you filed a petition for probate? If he owned it and left it to you, she probably can't sell it. But if she owns it, then of course she can.
Answer Applies to: California
Replied: 7/16/2014
Law Offices of Frances Headley | Frances Headley
You need to consult a probate attorney to review all of the documents and facts and advise you. You may need to bring an action to prevent the sale of the property.
Answer Applies to: California
Replied: 7/16/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Title trumps a will. If Dad put her name on title (as joint tenants) the property is hers. Or, perhaps she has had herself appointed executor or administrator of Dad?s will/estate. Would he have made a new will or trust? Is there a court proceeding?
Answer Applies to: California
Replied: 7/16/2014
Danville Law Group | Scott Jordan
Did you Dad own the house prior to their getting married? Do you have a copy of the pre-marital settlement agreement? Do you have a copy of the will? You must act quickly to stop the sale of the house. If she sell's it, you will lose it!
Answer Applies to: California
Replied: 7/15/2014
    James Law Group
    James Law Group | Christine James
    Contact an attorney ASAP and figure out what needs to happen to probate the will and distribute the property to you all. Do it now as it will cost more later.
    Answer Applies to: California
    Replied: 7/15/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    You need to find an attorney and find out what the prenup says and how title for the house was held.
    Answer Applies to: California
    Replied: 7/15/2014
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