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  1. #1
    Join Date
    Jul 2008
    Location
    Colorado Springs, CO
    Posts
    1

    Default Succession of a Home With No Will, Missing Divorce Judgment

    My question involves estate proceedings in the state of: Colorado

    Hi...alright so my husband's father passed away unexpectedly in 2003 leaving no will. He had no assets and no debts other than his house (and mortgage). The problem is that both my husband's father AND mother's names are on the deed to the house, even though his mother walked out on them over 20 years ago and has never made any contact since.

    Supposedly, his father and mother did get divorced but neither he nor his sister have a copy of the divorce decree. My husband's sister was named Administrator of the estate, however several years have passed and the estate has not been able to be settled because they do not know what to do since they have no idea where their mother is or how the court systems work. His sister has been living in the house, paying the mortgage, only because they don't think they have any other options... I know there has to be another option, but I just don't know what it is!!

    Any help you can provide us would be greatly appreciated! Thank you so much.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: No Will, and a Big Mess

    Find a real estate attorney. I'm sure he/she can help you out of this mess.

    Good luck!

    ~Christina

  3. #3

    Default Re: No Will, and a Big Mess

    What she will need to do is to file a quiet title action as the PR of the estate. Once that is done, then the property can be transferred. Assuming their are only two children, each is entitled to one half of the equity in the house at the time of death and she would be responsible for rent less any expenses.

    If the mortgage payment significantly is lower than the FMV of rental, the sister has no reason to get it straightened out. Your brother can petition the probate court to have her removed.

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