Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2014
    Posts
    15

    Default Can Children Inherit a Share of a Property Deeded to the Parent's Ex-Spouse

    My question involves real estate located in the State of: CA

    When I married my previous husband, he owned a home with his ex-wife (their divorce papers say "reserved" in terms of division of the house). After a couple years, she couldn't make the mortgage payments so she wanted to refinance under some sort of state program. She convinced him that it could only happen if he quit claimed the deed to her, but remained on the mortgage. At my insistance, he entered into a notarized agreement with her that she would make all payments, and when the last of their two children turned 18, she would either refinance in her name or he had first right of refusal to take it.

    He died before the youngest turned 18 and so she now has the house, but his name has remained on the mortgage for 4 years. There was a second mortgage - some sort of loan for $20,000 that they are both still on as well, that is due now because of the refinance she did. I've gotten a bunch of letters about it. I divorced him right before he died, so I don't think I am liable for any of this, but was wondering whether his kids can get anything from the house if I provide them with the notarized agreement.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,846

    Default Re: Quitclaim Deed to Ex

    Understand that notarizing something doesn't make it more official, it just provides authentication of the signatures.

    I'm not sure what you mean by "right of refusal." If it was just his option to take over ownership and the loans, then that likely doesn't transfer anything to the kids.

    I presume the ex is still alive.
    Is there any equity here with all those loans anyway?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What is an Estate or Heir's Liality for a Joint Mortgage

    Was your spouse's estate probated, with notice to creditors?
    Quote Quoting Redsonya
    View Post
    I divorced him right before he died, so I don't think I am liable for any of this
    If you divorced him then the mortgages that remain in his name are not your problem.
    Quote Quoting Redsonya
    but was wondering whether his kids can get anything from the house if I provide them with the notarized agreement.
    You have told us that he conveyed his interest in the home to his ex. An agreement as to when she would refinance does not affect the fact that he gave up any interest in the home or equity from the home. So based on the facts that you have shared, no part of the home would have been included in your ex-husband's estate and his children would not have inherited an interest in the home.

  4. #4
    Join Date
    Aug 2014
    Posts
    15

    Default Re: What is an Estate or Heir's Liality for a Joint Mortgage

    His estate was not probated with notice to creditors - his daughter was the next of kin and did not understand/follow through on that. I had divorced him, but we were living together and trying to work things out when he died. I was cleaning out a file cabinet of paperwork and found the notarized agreement - I just wanted to see if that agreement was of any value to them or not.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,391

    Default Re: What is an Estate or Heir's Liality for a Joint Mortgage

    Quote Quoting Redsonya
    View Post
    His estate was not probated with notice to creditors - his daughter was the next of kin and did not understand/follow through on that. I had divorced him, but we were living together and trying to work things out when he died. I was cleaning out a file cabinet of paperwork and found the notarized agreement - I just wanted to see if that agreement was of any value to them or not.
    You can certainly give it to them. It may be that the creditor will continue to go after him, including his children as his next of kin, so you might as well provide that document to them. It may or may not be of any use to them in the long term, but that would be better than discarding it.

    1. Sponsored Links
       

Similar Threads

  1. Estate Assets and Debts: Do Liens Transfer to Children Who Inherit Property
    By kamiomi in forum Estate Planning, Administration and Probate
    Replies: 7
    Last Post: 05-04-2017, 09:57 AM
  2. Estate Planning Issues: Who Can Inherit Your Share of an Inherited Home
    By lawfacts in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 02-26-2017, 08:59 PM
  3. Co-Ownership: What Are Your Options if You Inherit a Share of Real Estate
    By lawfacts in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 01-12-2017, 01:17 PM
  4. Business Ownership: Limiting Who Can Own or Inherit a Share of a Business
    By tenant13 in forum Business Law
    Replies: 1
    Last Post: 12-14-2012, 01:27 PM
  5. Do Grandchildren Inherit Their Deceased Father's Share of Estate
    By wanna_kno in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 03-15-2009, 12:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources