What are my rights to heir property?

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What are my rights to heir property?

My dad remarried and he has a Will stating his spouse can live in to the house until she dies. As the heirs, what rights do my siblings have? Now that he’s passed away, how do I contest the Will and have his wife removed from the home that my siblings and I grew up in for 50 plus years?

Asked on September 14, 2019 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

He had a right to let her live the house for the rest of her life, which is called giving her a "life estate." He even could have simply left the house to her outright. A person may will his property to whomever he wants; a parent is not required to leave a house or, indeed, anything, to his children and may disinherit them entirely if he wishes (that is, the children have no right to inherit); and your mother's last request has no binding or legal effect on what your father can and cannot do with his property. There is nothing you can do if he wants to do this, because you do not have the legal right to get the house if he wants to leave it to her, either entirely or just the right to live there for the rest of her life. 


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