VIC Executor of Will - Am I Entitled to Stay at Estate?

[kcc]

My husband passed away and his son is the executor of will. His son did not talk to him since he made the will 8 years ago. My husband had told anyone he will not leave anything to his son verbally. I am his legal wife and been married for 10 years.

My husband had a house and only had his name on it. His son now tried to kick me out of the house.

Am I entitled to staying at the house? Can I stay at the house until the court settlement? I have no money and nowhere to go. Is there any legal right preventing him to kick me out of the house?

Can I get family provision claim that stopping him to kick me out of deceased's house or until the finalisation of the claim? I have nowhere to go or afford to rent a place.

Thanks

 

[Lance]

Hi,
Based on the information provided it sounds like you can apply for family provision. You could probably place a caveat on the property to prevent sale out from under you. After 10 years of marriage you should have an interest in the property which should enable you to put the caveat in place. I would speak to a lawyer to have your interest protected and make sure you are really getting what you should be entitled to.

 

[Lance]

Hi,

I just replied to your other post. I think you need to speak with a lawyer. If you need to find a lawyer in your area you will find one at: https://lawtap.com/au/