Husband died, his son gets 1/2?

[Jen1]

What is the name of your state (only U.S. law)? New Mexico
I bought property, my money, and put my husbands name on the property, we were not married at that time, it was not put down as joint ownership, I thought it was, my mistake. Now the probate judge says his son from a previous marriage is intitled to half of it. Unless I can get the mother to sign off on it. We are friends but once husband died all she asked about was money so now need to know if she does not sign off on it, would she be liable for half the morgage payments as well???
I really need to find this out before I call her and talk to her. I am on Disability and cannot afford to get attorney and can't afford the cost if it has to go to District Court.
Thank You

 

[Alex23]

That's strange. From the lack of information in your post, I suspect that the husband had a will and left half of his share to the wife and the other half to the son.

If he had died without a will, the wife (you) would be the sole beneficiary of his estate.

Some people do this because they don't want all of their assets to go to the spouse, with no guarantee that his previous offspring would get anything on the event of the death of the remaining spouse, who might leave all of the assets to HER own children.

 

[JETX]

Now the probate judge says his son from a previous marriage is intitled to half of it.

From your post, it appears that there wasn't a will (intestate). If so, then the distribution of his estate is set by state laws.

Here is the intestate distribution laws for New Mexico:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. However, the amount a surviving spouse is entitled to varies as follows:

* If there is no surviving issue of the decedent (e.g., child or grandchild), the surviving spouse is entitled to the entire intestate estate.
* If there is surviving issue of decedent, the surviving spouse is entitled to one-fourth of the intestate estate, plus one-half of the community property that the decedent could have disposed of by will (but didn't).

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's descendants by representation. In such case, the estate or part thereof is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and deceased descendants in the same generation who left surviving descendants (if any). Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
2. Decedent's parent or parents equally.
3. Descendants of the decedent's parents or either of them by representation. In such case, the estate or part thereof is divided into as many equal shares as there are surviving descendants in the generation nearest the deceased parents or either of them or the deceased grandparents or either of them that contains one or more surviving descendants and deceased descendants in the same generation who left surviving descendants (if any). Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent's paternal grandparents or either of them if both are deceased. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, however, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.

if she does not sign off on it, would she be liable for half the morgage payments as well???

No. His estate remains liable for the mortgage before ANY distributions are made.

 

[Jen1]

He had no will, thats the problem. What I am wondering is...... would his sons mom be liable for 1/2 the morgage?? if she does not sign off? Since she is his sons legal guardian, its up to her to decide. I can read all the legal wording front and back but understand nothing. You need a menu for 120 people I can do that, but know nothing bout law rules. LOL

 

[FlyingRon]

I presume this is a minor child. If so you may be in more trouble than just getting the mom to go along. It will take specific court action (and possible guardianship) to convey the minor's property.

Yes, the new property owner is responsible for their share of the mortgage.

 

[Jen1]

Yes he is a minor, he is 13 and has a major learning disability, so can't make is own decisions. I Have been told by probate judge, who then asked another lawer Judge to make sure, and was told we can do it all through probate if she does decide to sign off...and knowing her if she has to pay 1/2 then she will sign off. Like I said I just need to make sure before I call her and say this is how it is..LOL

 

[JETX]

would his sons mom be liable for 1/2 the morgage??

Already answered in my post... and INCORRECTLY responded by 'FlyingRon'.

NO, she has NO obligation to the mortgage. His remaining obligation is now 'owned' by his estate. Very likely that the house will need to be sold to resolve the mortgage.

I STRONGLY suggest you talk with a local probate attorney who can advise you the proper procedures and options.