Legal Question in Wills and Trusts in Virginia
Can I keep this house?
I married my husband in 1999. The the time, he was, per her request, living with his elderly mother. I moved in with her. He has always been promised the house when she died. After we married, the promise was extended to me. I had a child and quit my job, based on this promise. I became my mother-in-laws caregiver; all errands, transportation, housework, laundry, etc. She became ill this past Feb. My husband has a sister who has been out of the state for 12 years. All of a sudden, she shows all this interest in her mother and starts making frequent trips to VA. Original will has been written. Husband can have the house if he wants it, just as long as there's an even split with sister. No problem. Mother-in-law changes will 1 months before her death leaving practically everything to daughter and added a no contest clause to the amended will. I am currently suing for Promisary Estoppel and services rendered. I have an attorney but I don't hear from him that often. I'm just looking for another opinion. Are my chances good? My husband has lived in this house for 35 years, me for 6 and our daughter for 5. If I lose, we will have to sell the house so my sister-in-law can get her money. Help!!
1 Answer from Attorneys
Re: Can I keep this house?
You haven't exactly said so but your husband appears to have been virtually disinherited from his mother's will as a result of certain deliberate actions taken by his sister shortly before their mother's passing. Did he consider bringing a challenge to the will based upon undue influence or duress, despite the
no contest codicil? If not, why not?
If your action premised upon a theory of promissory estoppel is in effect a poor substitute for what should've been your husband's challenge to this will from which he appears to have been summarily almost disinherited, I give it only a rather small chance of any success of recouping to you anything remotely comparable to what you might have received if the will had not been amended in the manner it was shortly before your mother-in-law's death.
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