Legal Question in Wills and Trusts in Trinidad and Tobago
My mother died 20 yrs ago,and left no will. My mother had 8 children with my father. My father brought a woman in the family house 3 months after. 2 yrs after an argument ensued and he left the family house with this woman and their child to live at his sister's house. My question is can my father gave the family house to his wife and son,,,, what are our options? Thank you
1 Answer from Attorneys
In whose name id the property vested?
If it was your mom's alone then your dad is entitled to 1/3 and the children share in the remaining 2/3
If the property was in joint tenancy with mom and dad then dad owns the entire property by virtue of survivorship..
If the property is in the name of your dad and mom in tenants in common your dad has his half and of your mom's half he is entitled to a further 1/3 and the children 2/3 of your mom's one half.
If the property is in your dad's name alone he is free to deal with his property as he wishes
Above are the various options based on your mom's interest in the property.
The house may belong to your dad in that case it is his house not a family house.
Anand Seepersad
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