How to determine the distribution of an estate after a divorce?

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How to determine the distribution of an estate after a divorce?

My mother was married to my stepfather 10-15 years; they divorced 20 years ago. My stepfather remarried 15 months with Alzheimer’s. He passed away last month without changing his and her names on the property deeds. My mother passed away about 8 months ago. Does that property goes to my mother’s children?

Asked on February 15, 2014 under Estate Planning, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the property was owned in joint tenancy with right of survivorship, then it goes to your mom and then to her children. If the divorce decree gave her the home, same thing.  You will need to review the divorce decree in conjunction with all of their joint assets and the deeds/titles of such assets.


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