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My brother deed and he modified loan. It was suppose to be refinanced ber passed and his ex is saying its her house. He had her sign over the deed. and he modiit.ed
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This question is too complicated to answer with the information you provided. I assume your brother divorced his wife. The divorce agreement called for your husband to take over the house and to pay his ex-wife some money. She was to sign over her portion of the house. Somewhere after the divorce, things fell apart and this never happened. If this sounds familiar, then the outcome of who owns the home is completely dependent on exactly how the divorce agreement is worded.
Answered on Oct 03rd, 2016 at 11:53 AM
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A former spouse can end up receiving a deceased person's house, yes, but it depends on a number of factors. If I understand your post correctly, your brother's ex-spouse signed some kind of deed to transfer her interest in the house to your brother in connection with her divorce, and your brother complied with the request that he have the loan modified so she was no longer on it. Under those circumstances, the ex-spouse normally would not receive the house unless your brother had made a Will that left it to her. However, it may be that the facts aren't as you describe them; I can't tell, because I can't see the underlying documents. The executor of your brother's estate (or the administrator, if he didn't have a Will), needs to take a close look at all deeds to the house that have been signed and recorded with the Superior Court for the county where the house is located, to help figure out what the actual situation is and what claim, if any, the ex-spouse may have.
Answered on Oct 03rd, 2016 at 4:15 AM
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