QUESTION

Can ex get house if you die

Asked on Oct 01st, 2016 on Trusts and Estates - Georgia
More details to this question:
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
Report Abuse

2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
Update Your Profile
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

Report Abuse
Wills Attorney serving Alpharetta, GA
4 Awards
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

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters