How to determine the distribution of an estate after a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 10 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.