My ex-husband died in July 2015. I gave him the property, but he never refinanced (we were still together). The property is paid off and I am on the payoff and the deed. Does that make me the direct heir? I am trying to file in probate to sell the land - we have kids, and they are in agreement to sell. Probate is telling me that his half-siblings are entitled to it as well, but they signed off on the land over 20 years ago when we bought it from his brother after his mother passed away.
1 Answer from Attorneys
You state that you gave him the property, but are still on the deed. What did you do to give him the property - was that done as part of the divorce? The status of the property needs to reviewed to determined who may be entitled to it. If you were divorced and the property was given to him, then you have no rights to it. If there was no will, then the laws of intestate succession will govern, and based on that the children inherit the property. You will need to be assigned the personal representative through the Probate court, and once that is done you can sell the property and distribute the proceeds to the children.
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