Legal Question in Wills and Trusts in Wyoming

losing primary residence due to fathers death with basic will

Both of my parents are on the deed to my parents house, my mother passed away in 2002 and my father last december. I have always lived in the residence with them sice we moved here in 1979. I have had two chidren and my fiance moved in with us in 2002. I have two half brothers on my fathers side and a brother from my parents. My fathers will was basic and only named me as excutor and no specific instructions on me keeping the house. It has been going through probate but i recently heard that i may have a chance to fight this and be able to keep the house with out buying out my other brothers. Do i have a chance at keeping my house since it has been my primary residence as well as my childrens? Does the fact that my mothers name on the deed weigh on the share my full brother and i have on the house if i can't fight to keep it? Or is the only option i have to let it run through probate and lose our home so all four of my fathers children get an equal share? I have spoke to three attorneys and they tell me i am not entitled to the house, but i hear of people fighting in situations like mine and winning. How do i do this?


Asked on 9/03/07, 12:33 am

1 Answer from Attorneys
Anthony C. Gold Law Office of Anthony C. Gold

Re: losing primary residence due to fathers death with basic will

Your father probably owned 100% of the house at the time of his death, although the percentage he owned depends upon how the deed was worded. Whatever share he owned needs to be distributed according to the wording of his will, though. So, although you have a right to be compensated as an executor, and for improvements you make to the house while acting as an executor, based upon the information you have related, you have no special right in the house.

I recommend that you have an attorney review the deed to the house, and your father's will. You might call the Wyoming State Bar Lawyer's Referral Service, at 632.9061, to see if they can help you find an attorney in your area.

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Answered on 9/06/07, 11:15 am


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