Columbus, OH asked in Probate for Texas

Q: How can someone sign a warranty deed after divorce 2015/2016 and 2022 getting half of the sale from the house?

His second ex wife signed a warranty deed.

The house was in my ex husbands name only, but yet when the house was sold one piece of paper was signed as married couple even though he was divorced from his second wife

He signed the papers in may 2022 and June he was deceased

The probate lawyer had no interest in looking into anything my daughter had concerns about.

My daughter was the next in keen and I was with her all the way when we went thru probate.

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Your question is a bit confusing. There is no prohibition on someone signing a warranty deed after a divorce. After a divorce, either ex-spouse is free to sign a warranty deed conveying real property awarded to that ex-spouse in the divorce or conveying real property bought or inherited by that ex-spouse after the divorce.

If your ex-husband has died, what interest do you have in his estate? You are not an heir at law. Any designation of you as an heir in a Will signed before your divorce is ineffective now that you are divorced, and any property which would have passed to you under the Will now passes as if you died before him. Since you have no interest in his estate, the lawyer for the personal representative of the estate should rightly have no interest in looking into any concern you may have. I can't imagine the personal representative authorizing and paying their attorney to look into your concerns as the cost of doing so would deplete whatever funds may be in the Estate.

On the other hand, you are free to hire a lawyer to represent you and to look into any concerns you may have. That way, you will be the one paying the lawyer, and the lawyer will have an attorney-client relationship with you which should give the lawyer incentive to look into whatever you want him/her to.

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.