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candy7044 · Joined: 28 Sep 2009 Posts: 1 1.00 Dollars($)

My mother died August 22. She had a ladybird with her husband (not my father) as the other grantor, with my sister and me as remaindermen. He is now in a nursing home (being watched by his daughter, who has not been here in 20 yrs.) and not residing in the apt. he jointly owned with my mother. My mother's will directed there be no provisions for her husband (they made separate arrangements) and that he shall not inherit any part of her probate estate. There is also a post nuptial where each spouse waived the right to homestead in the estate of the other. Additional context: my mother was the 24 hr. caregiver to her husband who has been in failing health for the past 7 yrs. She was specific about protecting my sister and me. We are now told we have no rights to the property unless he dies and has not transferred property to his daughter. Will a judge look at context because of the history and additional documents besides the ladbybird?

Niicss · Posted: Mon Sep 28, 2009 1:55 am Post subject:

As per your mother's will, both you and your sister would inherit the property. But as her husband is still alive, he would have the rights to stay in the property as per the ladybird deed. I would suggest you to contact an attorney and discuss the case with him. He would be the right person to help you.

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Ladybird Deed