Legal Question in Wills and Trusts in Trinidad and Tobago
Wills and Real Property
My father died two years ago (testate). My mother was the executrix of his Will, but she is deceased. Our father remarried and bought a house and placed his new wife's name on the deed. She is now deceased for 8 months and had no children with our father or anyone else. Is it true that we can have no claim on this house and that our father's Will is null and void? There are six legitimate heirs.
1 Answer from Attorneys
Re: Wills and Real Property
I have not seen the Deed, and/or the language used in it on how the Deed reads. If it does not say "H" and "W" as tenants in common with some share specified, but only names "H" and "W", the surviving spouse becomes the sole owner. Her closest heirs, as specified in the intestacy statute, become the owners and Dad's family has no claim, unless they were named in her Will. If she had no Will, only her heirs, however remote, inherit. Some attorney, if one was used to prepare the Deed, has an exposure if this was done incorrectly or was negligent in not completing it in a more correct way. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
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