Phoenix, AZ asked in Civil Litigation, Divorce, Estate Planning and Real Estate Law for Arizona

Q: Does my deceased moms will have any power over house contract. What options do we have.

My mom and her x husband bought a house in 89 and then divorced about 10 years later. In their divorce the judge said for them to sell the house to split 50/50. Her x husband wasn't interested in the house he let it go into hawk and him and his new wife bought a house in another city. My mom has paid for all Bill's and upgrades for the last 20 years. My mom recently passed March 29th and now her x husband wants 100% of the house. Him and my mom are both on the house. My mom has a will saying she wants to leave her house to us adult children. Her x husband is already trying to change everything over to his name and trying to cancel her homeowners insurance. My sister and her 3 children live there they are his biological family. He even wants them out. On the house we still owe about 20,000

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: This is an issue involving a large sum of money. When dealing with something of this importance, you need to discuss with a real estate attorney. Your attorney will need to review the divorce decree and the deed to this home before he or she can answer your question.

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