Legally remove fathers 4th wife from home after his death

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Legally remove fathers 4th wife from home after his death

My father left his home and property to me and
my husband. He said his 4th wife could live in
the home until she dies. Problem is that she is
a drug addict and eats Xanax until she is
puking everywhere, falling down, passing out
and injuring herself. She is in her 70s. She
could go live with her son. We just want her out
of the house before we come home and find
her overdosed dead. How can we legally
achieve this?

Asked on November 6, 2018 under Estate Planning, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Speak to a real estate lawyer about her precise rights, given the way that the home left to you and her. If your father did give her a "life estate," or legal right to reside in the home so long as she lives (or until she voluntarily moves out) while you and your husband have the "remainder interest" (or right to the home after she passes or voluntarily leaves), there is nothing you can do--such a right is enforceable in her favor, and your fear of what could happen is insufficient to override her right to the life estate. However, it is worth checking how exactly the house was left to you and her after your father died; if your father did not set up or create a proper life estate, it may be possible to remove her. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption