QUESTION
Folks divorced, house to be split when sold, he died, is that 1/2 still in his estate or does she keep the whole house?
Asked on Nov 16th, 2013 on Estate Planning - California
More details to this question:
She's lived in the house the last 11 years without selling it after the divorce.
9 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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You need to go to divorce court to enforce judgment.
Answered on Nov 22nd, 2013 at 7:06 PM
I should think that his heirs are now entitled to the income when the house is sold.
Answered on Nov 21st, 2013 at 8:25 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It depends on the wording of the divorce judgment, and on whether, after 11 years, the divorce judgment is still enforceable.
Answered on Nov 21st, 2013 at 8:19 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on the combined effect of the divorce judgment/agreement, the title to the assets and the estate planning of your father. I do not think you will be able to sort this out without the help of an attorney, unless your mother is willing to agree on how to proceed.
Answered on Nov 21st, 2013 at 7:50 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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That half is still in his estate, unless the divorce decree states otherwise.
Answered on Nov 21st, 2013 at 7:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the decree gave each half, then it should be in his estate and not belong to her. If he didn't do it, the personal representative may need to record a memorandum of decree letting the world know that his interest goes to his estate. I would suggest talking with a title company about the form and if they don't have one, then go to a local attorney.
Answered on Nov 21st, 2013 at 7:45 AM
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Depends upon title and divorce decree. Chances are his half needs to be cashed out. I would have an attorney review all operative paperwork.
Answered on Nov 20th, 2013 at 11:19 AM
Thomas Edward Gates
It depends upon the settlement agreement. You can check court records on the terms of the divorce.
Answered on Nov 20th, 2013 at 11:16 AM
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1/2 belongs to the estate. That said, she may still be able to keep the house depending upon who is the heir of the husband's estate. Speak with a probate attorney ASAP.
Answered on Nov 20th, 2013 at 11:09 AM