QUESTION
Will the probate court honor the divorce order or will they honor the deed with right to survivorship and turn the property over to mom?
Asked on Mar 21st, 2013 on Foreclosures - Arkansas
More details to this question:
My mom and dad were divorced 6 days later my dad passed away without a will my sister that was handling his affairs has never filed his estate in the divorce order a piece of property that was deeded in both names with the right to survivorship was ordered sold so dad would have money to live on.
3 ANSWERS
To be sure, I would need to review the language of the divorce decree. Generally, courts follow previous orders from other courts. In Clark County, Nevada, the divorce and probate courts are divisions of the same court, the Eight Judicial District Court. It is likely that the probate court will honor the divorce decree.
Answered on Mar 24th, 2013 at 10:14 PM
Unless there are other facts, the division of property set forth in a judgment of dissolution of marriage entered before the death of a spouse controls over the right of survivorship in a deed. I suppose your mom might make some argument about the divorce judgment not being "final" at the date of death, but I'd need to know more facts.
Answered on Mar 24th, 2013 at 9:41 PM
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Normally, the deed would trump. You should consult with your father's divorce lawyer or your own lawyer.
Answered on Mar 24th, 2013 at 9:04 PM