QUESTION
What can I do if former spouse dies before settling home?
Asked on Jan 24th, 2013 on Divorce - California
More details to this question:
Divorce took place and wife was awarded home. Before home could be transferred, husband dies. The deed is still in both names. Now wife wants to sell home, how is the deed transfer handled. An estate was never opened for husband.
3 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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As long as she has court order awarding her home she can transfer however would have to affidavit of jointly owned property at register of will.
Answered on Jan 28th, 2013 at 8:21 PM
There are ways to handle the husband's name being on the property during the escrow. If the husband's estate is entitled to some of the proceeds then depending upon the amount, a probate may need to be opened. You should consult a probate attorney to review the deeds and the dissolution judgment to determine how best to proceed.
Answered on Jan 28th, 2013 at 7:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The judgment should give the court the power to effectuate the orders File a moron asking the court to appoint an elisor to sign documents on husbands behalf. Check title on the house if joint title it may pass directly to wife on husbands death. Take title docs and talk to an attorney. Make sure judgment of divorce was actually entered before his death or his estate would pass according to his will or by state rules of intestacy.
Answered on Jan 25th, 2013 at 10:48 AM