Is the second wife entitled to claim a share in a house that the husband wrote over to his children with a "bill of sale" before marrying her?
The document left by the husband, if it is an unauthenticated and unwitnessed paper, is not considered valid legal evidence, and the wife is required to provide proof of its authenticity. If the writing indicates that the house belongs to the children during his lifetime, it is a gift, and its conditions must be examined. If it fulfills these conditions, it becomes the property of the children, and the wife has no share in it. If it does not fulfill them, then it is an inheritance to be divided among the heirs. Among the conditions for the validity of a gift is that the children take possession of the house during the lifetime of the donor, and he takes possession on their behalf if they are minors. However, if the writing indicates that the house belongs to the children after his death, it is a bequest to an heir that is not effective unless the other heirs consent. If the wife does not consent, she has the right to her share of the house because it is an inheritance, and her share is one-eighth due to the existence of lineal descendants. In case of dispute, the matter should be referred to the court.
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