Q: If I sell a home that my deceased ex-husband and I owned, how much do I owe his adult children?

A: If you held the title as tenants in common with your ex-husband, his children are entitled to half of the proceeds from the sale, if they are his only heirs. However, the divorce decree may have a provision in it relating to the disposition of the real estate which could affect how the title to the property is handled. Your situation is very complicated, and it would be beneficial to schedule a free consultation.

A: Also, if probate has not been filed for your ex-husband, you will not be able to sell the property. If you held the property as joint tenants with right of survivorship with your ex-husband, you will owe his children nothing, as the property transferred to you fully upon your ex-husband's death.

A: I am very sorry for your loss and please accept my condolences on the passing of your husband. It depends on a number of issues, what did divorce say, what does the deed say, was there a Will or Trust and were they drafted before or after the divorce. There are a lot of factors that come into play and must be clarified. If you had a life estate or if there is or was a probate, that may further clarify matters. Generally, if you were both partial 50/50 owners otherwise, you would split it with them, but again, a review the deed would be a good initial starting point. You may want and need to speak with a Florida Probate Attorney if this is in Florida, otherwise the state where this is taking place would apply.