Q: Ex husband signed quit claim deed at divorce and I am to pay him $5k upon sale of my home. He died in 2018 w/o a will.

A: Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets, including this $5,000 interest.

In most states, when someone dies without a will (also known as dying "intestate"), their assets are distributed according to the state's intestate succession laws. Typically, the order of inheritance starts with the deceased person's spouse and children.

Given that your ex-husband remarried, his widow may have a claim to a portion of his estate, including the $5,000 interest from the sale of your home. However, the exact distribution of assets will depend on the specific intestate laws of the state where your ex-husband lived at the time of his death.

To ensure that you distribute the funds correctly and protect yourself from any potential legal issues, it would be best to consult with a probate attorney in the relevant state. They can review the divorce agreement, quit claim deed, and state intestate laws to determine who is legally entitled to the $5,000 and in what proportions.

In the meantime, it's wise to hold onto the funds until you receive proper legal guidance. While it's admirable that you want to give the money to your children, you want to make sure you're following the law and not inadvertently exposing yourself to legal claims from your ex-husband's widow.

I'm sorry for the loss of your ex-husband and the complicated situation you find yourself in. Consulting with a knowledgeable probate attorney should help clarify your obligations and the best path forward.