QUESTION
What would happen to the property after my divorced spouse dies?
Asked on Jun 25th, 2015 on Divorce - California
More details to this question:
My husband filed for divorce last year. I didn't have money to fight it so the judge awarded a divorce and our home to be sold and divided. It was my parents home which was given to me for caring for them until their death. He had Alzheimers and died two weeks ago. The property was never sold. What will happen to it now? He made a will leaving his half to his grand children with the help of his power of attorney (his sister). Is this legal? I remembered he died with dementia as one cause of his death.
12 ANSWERS
You still have a claim to half the value of the home while your ex-husband's estate can claim the other half. He had the right to bequeath his half to whomever he liked, including his grandchildren. You don't provide enough details to determine if his sister's actions were illegal. You can sell the property and give half the income to his estate to be passed on to the grandkids. You could also see if they would be interested in selling their half back to you, if you want to keep the property.
Answered on Jun 29th, 2015 at 1:22 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the house was given to you then it would not be in your father's estate. If there was no deed from your parents to you then there would not have been a gift and the house would be in your father's estate. if the house was properly gifted then it would be subject to the divorce decree and must be sold per the terms of the divorce decree. if the property is in your father's estate then it would be subject to the Will unless the Will can be proved invalid for being executed by your father while he had dementia. Dementia must be proved prior to the execution of the Will. An agent under a POA cannot sign a Will for the principal.
Answered on Jun 29th, 2015 at 3:05 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you want to contest the will, proving dementia is only part of the story. He must have been non compos mentis at the time he signed the will. Sometimes this can be proven, but it is not easy. Since the house was not sold, there are not yet any proceeds to divide 50/50. I suggest you review the divorce judgment and any Marital Settlement Agreement into which the two of you entered to double-check the details of the judge's Order. You would help yourself immensely if you retained an experienced lawyer well-versed in probate matters and also in divorce.
Answered on Jun 26th, 2015 at 5:44 PM
2 Awards
Get an attorney get an attorney get an attorney. Not sure how he got 1/2 the house if it was your separate property but if you can't buy his heirs out it still may need to be sold.
Answered on Jun 26th, 2015 at 1:44 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This gets complicated and probably a little more complicated than can be handled with a mere answer Generally worst case is that your former sister in law will become the personal representative of his estate and be able to force the house sale and pay over 1/2 the proceeds to the grandchildren.
Answered on Jun 26th, 2015 at 10:52 AM
You need to see a local attorney who handles divorce matters. You could have hired one for the divorce and probably gotten your husband to pay for it. Your saying the property was really your's and not part of the martial property so there was no basis to award him any portion. I do not know if it is too late to stop the future sale and division [or if the divorce went through and if he was competent to make a Will]. If you are getting at least half the value of a home how can you not afford a lawyer as you could have taken a loan out on it.
Answered on Jun 26th, 2015 at 5:19 AM
Thomas Edward Gates
He may give his estate to anyone he wishes. Here, the grandchildren will hold title to one-half of the home. If they are minors the Trustee will handle the funds until they reach the age of majority.
Answered on Jun 26th, 2015 at 5:18 AM
If he was an owner of the house from hour parents their generosity is irrelevant. His half can be probated by his heirs or their representatives and the property will be sold (under Michigan law, which may not be applicable, depending where he was living when he died.) If he made his will before he was incompetent to do so, it could withstand a contest.
Answered on Jun 25th, 2015 at 7:31 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Advise to seek legal counsel from a probate/real estate litigation lawyer as to how to protect your share of the value of the residence.
Answered on Jun 25th, 2015 at 7:29 PM
Edwin K. Niles
If hubby made a will while suffering from dementia, it may be invalid. But so what? His half, as given to him in the dissolution, would go to his heirs (without a will). I suppose that his heirs would be his children, if any, or his grandchildren.
Answered on Jun 25th, 2015 at 7:28 PM
After your divorce spouse dies the property would be distributed in accordance with his will or her will.
Answered on Jun 25th, 2015 at 7:09 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Your post raises many issues with inadequate information. You need to bring an attorney up snuff.
Answered on Jun 25th, 2015 at 7:06 PM