• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex-husband Dead;what About Home And U.s. Govt. Claim

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

grmasplate

Junior Member
What is the name of your state? Il

I shall try to sum this up in as few words as possible, but-------, well, you all know how that can go.

My husband and I were married for 15 years. After many bouts of " good behavior, bad behavior" ( on his part,) I tearfully decided that I could no longer stay with him, even though he was the "love of my life". He had had TERRIFIC jobs, but couldn't seem to stay away from drugs.

We divorced after 15 yrs. I just wanted to get OUT; at the time, I just HAD to get OUT. I didn't want to hurt him, and I got nothing except the clothes in my closet and some personal items. That was 2004.

October, 2005. He was arrested for:
Count 1 Marijuana - Manufacture
Count 2 Violent Crime/ Drugs/Machine Gun
Count 3 Unlawful Transport of Firearms, Etc.
and Criminal Forfeitures

He agreed to a PLEA BARGAIN, in which, among other things, he forfeited all right, title and interest in the property which had been our home. (He agreed to help the US GOVT, wearing a wire).

He was out on bond and overdosed and died in March, 2006.

Pacer says that "John Doe is deceased.. Took his life while awaiting sentencing. blaa, blaa, blaa-----respectfully requested that the charges against the defendant be dismissed," and they were.

NOW-----
You will just have to take my word for this************** Back when the divorce occurred, my attorney had given me a "quit claim deed" to sign. I signed it. That was it.

Now, my ex-husband is dead. I received nothing during the divorce, (which I agreed to,) BUT---------I now have the quit claim deed, signed, notarized, but UNRECORDED in my possession.

What should I do? My name was not on the mortgage, as he had refinanced about 8 months ago. I DID NOT KNOW THAT I WAS SUPPOSED TO "RECORD" THE DEED... I know that ignorance, normally, is no excuse for the law, but, I just wondered if I could still get "my" 1/2 equity out of the home, or not. (I have the deed in my possession, but I can honestly say that I had no idea that I was supposed to take it in to the Recorder's Office myself until after he died.)

I sound like I am trying to be dishonest, but I really am not. I only know that even HE said that he took me for a ride, because I wanted out. (Actually, we remained friends until the end.)

Thank you, everybody.
 


rmet4nzkx

Senior Member
grmasplate said:
What is the name of your state? Il

I shall try to sum this up in as few words as possible, but-------, well, you all know how that can go.

My husband and I were married for 15 years. After many bouts of " good behavior, bad behavior" ( on his part,) I tearfully decided that I could no longer stay with him, even though he was the "love of my life". He had had TERRIFIC jobs, but couldn't seem to stay away from drugs.

We divorced after 15 yrs. I just wanted to get OUT; at the time, I just HAD to get OUT. I didn't want to hurt him, and I got nothing except the clothes in my closet and some personal items. That was 2004.

October, 2005. He was arrested for:
Count 1 Marijuana - Manufacture
Count 2 Violent Crime/ Drugs/Machine Gun
Count 3 Unlawful Transport of Firearms, Etc.
and Criminal Forfeitures

He agreed to a PLEA BARGAIN, in which, among other things, he forfeited all right, title and interest in the property which had been our home. (He agreed to help the US GOVT, wearing a wire).

He was out on bond and overdosed and died in March, 2006.

Pacer says that "John Doe is deceased.. Took his life while awaiting sentencing. blaa, blaa, blaa-----respectfully requested that the charges against the defendant be dismissed," and they were.

NOW-----
You will just have to take my word for this************** Back when the divorce occurred, my attorney had given me a "quit claim deed" to sign. I signed it. That was it.

Now, my ex-husband is dead. I received nothing during the divorce, (which I agreed to,) BUT---------I now have the quit claim deed, signed, notarized, but UNRECORDED in my possession.

What should I do? My name was not on the mortgage, as he had refinanced about 8 months ago. I DID NOT KNOW THAT I WAS SUPPOSED TO "RECORD" THE DEED... I know that ignorance, normally, is no excuse for the law, but, I just wondered if I could still get "my" 1/2 equity out of the home, or not. (I have the deed in my possession, but I can honestly say that I had no idea that I was supposed to take it in to the Recorder's Office myself until after he died.)

I sound like I am trying to be dishonest, but I really am not. I only know that even HE said that he took me for a ride, because I wanted out. (Actually, we remained friends until the end.)

Thank you, everybody.
Go to the recorder's website and look up your exhusband's name and see what is there, if the government and his atty have liens against it, it may be too late. You can also file probate.If the gov has leins you may be able to get them vacated, you will need an attorney. Also can you affornd to refinance the mortgage in your name?
 

nextwife

Senior Member
grmasplate said:
He agreed to a PLEA BARGAIN, in which, among other things, he forfeited all right, title and interest in the property which had been our home.
He forfeited his right to the property in 2004. When was the QC executed? If subsequent to that, he then no longer had an interest to convey.

"A quitclaim deed conveys whatever title the grantor owned in that property. But it provides no warranties or guarantees. A quitclaim deed can convey full fee-simple absolute title, or it can convey nothing at all."
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top