Okay she told my husband she was leaving him the house and she wanted him to have power of attorney for her but before he could have her sign anything she passed now his niece says she wants her part of the inheritance when there was none just the house so now she wants part of what the house sells for and control over selling it does she have a leg to stand on when there wasn’t a will
All property will pass by the laws of intestacy, so it depends on what other heirs there might be whether or not this niece gets anything. In any case she won’t get it without a probate.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
Because there was no signed will or trust, mother-in-law's property is distributed by intestacy.
Husband should hire a probate attorney and start the probate.
If husband is appointed administrator, he controls payment of bills and sale of the house and other property in mother-in-law's estate. If niece is an heir (see below), she can object to the sale price of the house BUT she should be prepared to provide a buyer who can overbid the sale price.
Property will be distributed in equal shares to the children of mother-in-law.
If niece's parent who is child of mother-in-law is living, niece has no standing to do anything. If niece's parent who is child of mother-in-law is deceased, niece shares with her siblings the share her parent would have received.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
Listen carefully - if the niece is the child of a deceased sibling of your husband she has rights. Make it easy or make it hard. If you get an attorney, it will be easy - your husband has priority for control over the niece. Wait and hope for the best, if she files a petition and he is “hostile” it could go bad. He needs to speak with an attorney, discuss specifics and a strategy.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline