Q: My sister is executer for her ex-husbands estate. Her husband died in March 2018.
They owned 2 homes. She chose the one up north, and her ex-husband took the own in Tn. Unfortunately her ex died in March 2018. Her name is still on the house. He never removed it. In their divorce degree it mentions she is not entitled to his house when he passes. He has one son from a previous marriage. He wants NO part of the house or property his father had. His father left the house to him in the WILL, along with a few others that's in the WILL. Can the ex-wife take that house? Right now it's being probated. Why is that?
A: If the deed to the property was held as joint tenants with right of survivorship between wife and ex, wife owns property upon his death.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.