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Old 09-09-2018, 06:53 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,549,117 times
Reputation: 18189

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Quote:
Originally Posted by fluffythewondercat View Post
Nope. You're completely wrong. She need not be on the title.

Apart from the legal obligation of one spouse to support the other, Tennessee law stipulates that what was separate property going into the marriage can be commingled or transmuted into marital property if, for example, the wife spent part or all of her income on house upkeep. It's as simple as the husband and wife having a joint checking account.

There is no 50-50 split as in community property states, only what is deemed "equitable and fair." I expect a TN court would take a dim view of rapacious would-be heirs pushing an elderly woman out of her home and leaving her to fend for herself.


I agree. Ad a restraining order into the mix throws a twist. Under what conditions was it obtained? An eviction would be conditional, meaning time to obtain housing. She should have representation at the hearing. Could be the homes going up for sale. It's sad. From legal manuvers, appears they're being advised.
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Old 09-09-2018, 07:08 PM
 
26,639 posts, read 36,701,628 times
Reputation: 29906
Quote:
Originally Posted by KathrynAragon View Post
I have never in my life heard that a divorced husband and wife are still legally like brother and sister. Truly baffling. Like unbelievably baffling. Or just unbelievable.
Pretty sure it was a joke.
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Old 09-09-2018, 07:18 PM
 
Location: Wonderland
67,650 posts, read 60,867,486 times
Reputation: 101078
Quote:
Originally Posted by Metlakatla View Post
Pretty sure it was a joke.
Well, humor is subjective and often hard to discern online.

Also, regarding the outdated will that left everything to "the wife," I can't imagine a will that didn't NAME "the wife." What a ridiculous mess if that happened.

Second marriages with kids from a first marriage - they can really be problematic. I recommend anyone in that situation sit down with a good estate attorney - don't try to wing this on your own with some online program where you fill in the blanks.
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Old 09-09-2018, 07:52 PM
 
9,446 posts, read 6,573,964 times
Reputation: 18898
Quote:
Originally Posted by KathrynAragon View Post
Well, humor is subjective and often hard to discern online.

Also, regarding the outdated will that left everything to "the wife," I can't imagine a will that didn't NAME "the wife." What a ridiculous mess if that happened.

Second marriages with kids from a first marriage - they can really be problematic. I recommend anyone in that situation sit down with a good estate attorney - don't try to wing this on your own with some online program where you fill in the blanks.

Yes, the "my wife" thing did happen as ridiculous as it sounds. Obviously the will wasn't prepared by an attorney. Penny wise pound foolish.
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Old 09-09-2018, 07:54 PM
 
21,109 posts, read 13,555,149 times
Reputation: 19722
My stepmother is (obviously) a second wife but she has improved upon the house. She has installed with her own money (and sweat equity) flooring, remodeled the kitchen with granite, and IDR what else, but my Dad couldn't care less about any of that, so everything that has been done in there regarding replacement or upgrading, unless it was structural like a water heater or air conditioner, was on her dime.

Therefore, he can no longer leave half the house to us kids with a life estate over our half for her as originally planned. How much if this is an actual legal rule and how much is him simply doing right by her, I cannot say, because it's none of my business to ask what he does with his property and why.
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Old 09-09-2018, 08:21 PM
 
Location: Wisconsin
19,480 posts, read 25,139,370 times
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Quote:
Originally Posted by KathrynAragon View Post
(snip)

Also, regarding the outdated will that left everything to "the wife," I can't imagine a will that didn't NAME "the wife." What a ridiculous mess if that happened.
I am almost 100% sure that my parents joint will, written by an attorney a few years after they married in 1942, did not say their names in the body of the will (it just said "my husband" and "my wife"). It also did not list their children by name (as we were not all born at the time that the will was made). The will was only about a paragraph long and was valid when my mother died in 1992. (My father had a new will written after her death).
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Old 09-09-2018, 08:31 PM
 
3,154 posts, read 2,065,439 times
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Quote:
Originally Posted by KathrynAragon View Post
Well, humor is subjective and often hard to discern online.
Also, regarding the outdated will that left everything to "the wife," I can't imagine a will that didn't NAME "the wife." What a ridiculous mess if that happened.
Second marriages with kids from a first marriage - they can really be problematic. I recommend anyone in that situation sit down with a good estate attorney - don't try to wing this on your own with some online program where you fill in the blanks.
Yes, it was a joke, and a very recycled one, made at the expense of deep southerners, although with no bad intentions attached. It was like the time I was driving through Texas and saw a bumper sticker that said, "Freeze a Yankee in the dark", I don't think the driver really wanted anyone in WI to die from lack of TX energy reserves, they were just perpetuating the "War of Yankee Aggression" thing. Sorry if I offended.

Anyhoo, almost everyone on this thread has stated that the parties involved need legal help, and rightly so. This issue will only be settled by the Court, and for that you need knowledgeable representation. The lady involved, if destitute, should be able to retain counsel through various legal aid groups, hopefully there are some where she lives. Shame on the husband for not making legal provisions for her maintenance if she has no other means of support.
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Old 09-09-2018, 10:12 PM
 
Location: Wonderland
67,650 posts, read 60,867,486 times
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Quote:
Originally Posted by Harpaint View Post
Yes, the "my wife" thing did happen as ridiculous as it sounds. Obviously the will wasn't prepared by an attorney. Penny wise pound foolish.
You aren't kidding. PAY THE $700 OR SO AND JUST LET A PROFESSIONAL HANDLE IT!
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Old 09-09-2018, 10:14 PM
 
Location: Wonderland
67,650 posts, read 60,867,486 times
Reputation: 101078
Quote:
Originally Posted by germaine2626 View Post
I am almost 100% sure that my parents joint will, written by an attorney a few years after they married in 1942, did not say their names in the body of the will (it just said "my husband" and "my wife"). It also did not list their children by name (as we were not all born at the time that the will was made). The will was only about a paragraph long and was valid when my mother died in 1992. (My father had a new will written after her death).
I believe it's more common not to list specific childrens' names than it is not to list the name of a spouse. But hey, after the mess my inlaws left in their wills, nothing surprises me.
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Old 09-09-2018, 10:15 PM
 
Location: Wonderland
67,650 posts, read 60,867,486 times
Reputation: 101078
Quote:
Originally Posted by Curly Q. Bobalink View Post
Yes, it was a joke, and a very recycled one, made at the expense of deep southerners, although with no bad intentions attached. It was like the time I was driving through Texas and saw a bumper sticker that said, "Freeze a Yankee in the dark", I don't think the driver really wanted anyone in WI to die from lack of TX energy reserves, they were just perpetuating the "War of Yankee Aggression" thing. Sorry if I offended.

Anyhoo, almost everyone on this thread has stated that the parties involved need legal help, and rightly so. This issue will only be settled by the Court, and for that you need knowledgeable representation. The lady involved, if destitute, should be able to retain counsel through various legal aid groups, hopefully there are some where she lives. Shame on the husband for not making legal provisions for her maintenance if she has no other means of support.
You didn't offend me - I just didn't think it was funny (no offense intended).
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