Q: Does my Aunt have to buy her dead husband's ex-wife out of the house he left to my Aunt?
Virginia - My Aunt's husband passed. She was his 2nd wife, and he left her everything in his will. When he divorced the 1st, he was awarded the home in the divorce after buying his ex-wife out. However, his lawyer never had her sign the quit claim deed. Will my Aunt have to buy the ex-wife out AGAIN because she hasn't signed the quit claim deed?
A: If I understand your facts correctly, your aunt -- the second wife and sole testate heir of the decedent -- may need to reopen the divorce case or file a new case to quiet title. But, if the first wife refuses to effectuate the court order, she does not get to re-litigate title to the house. The prior Order should be binding. This is, however, a matter in which skillful counsel would help. With the right demand letter and threat of lawsuit, the first wife might come around, and, in any event, being prepared to file a prompt motion or to research whether the result can be achieved by reopening the prior divorce case or in the context of a probate petition might be efficient.
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