Can my motherinlaw give the house bought by her mother to anyone other than my husband?

Question

My husband's grandmother has willed that the house bought by her can be enjoyed by my motherinlaw during her lifetime and thereafter go to my husband. Can my motherinlaw sell/pledge/mortgage or give the house as gift to anyone other than my husband?

Answer 1

no i dont think so

Answer 2

Yes she can-

Unless there is a lien on the property or other type of demand-she can do anything she wants.

You would have to take her to court and I don't believe many judges would be sympathetic to you.

It's her home now and probably been her home-let her do with it what she wants.

Answer 3

If it is written in the grandmother's will, I don't think that she can give the house to any one else.  If you can get a copy of the will, I would go to your local Surrogate's office and check with them.  I'm pretty sure they will say it has to go to your husband or it will have to go to court for an order for it to become your husband's property.

Answer 4

as a matter of fact "yes", your mom-in-law is entitled to give the house to anyone whom she likes till she's alive. on the other-hand, if in future she does this, your hubby can take the matter to court after ur mom-in-law dies. and the outcome is always favourable for the petitoner

Answer 5

It doesn't sound like it.  If it's in her name, she can try, but then you'd have to take her to court.  If your husband is worried, he should talk to a lawyer.

Answer 6

well no because it has to go to him. She didnt have to take the house, but when she did she automatically accepted the rule. Only your husband can sell the house when he will own it.

Answer 7

Unless there is a will from the grandma, then the mother can do with the house as she pleases.

Whatever the reason might be for the mom not to pass it down to your husband, it's not worth fighting to keep the house.  let the mom do with it what she wants and you and your hubby should find a house to call your OWN to pass down in your own generations.  No one can take THAT away from you, yes?  Good luck!

Answer 8

This is something you'd definitely want to talk to an estate attorney about.

But the wording of the actual document plays a critical part, if the document says that she was to enjoy it for her lifetime and then it would go to your husband, there's nothing in there that specifically says that your MIL actually owns the property. And you can't sell/pledge/mortgage a property you do not legally own. Or maybe the technicality is that the property belongs to your husband all along, and the condition of it, was that your MIL could live there for as long as she wanted to or as long as she lived.

Again, this is tricky and IANAL. Definitely seek legal counsel.

Answer 9

No. The 'Will' of the grand mother of your husband is very clear on this point that your mother in law has right to enjoy the property of the grand mother during her life time only, actually the property has been given to the grand son which is your husband & he is the beneficiary in whose name this property will be transferred according to this 'Will'. Your mother in law can not sell/pledge/mortgage nor gift this property as she has not been given the absolute right by this 'Will' but only a limited right to stay & enjoy this property during her lifetime. An absolute right in a property only gives right to the person to transfer the property by way of selling/pledging/mortgaging or gifting not limited right of enjoying it by staying or using it as your mother in law has in this property.