father in law passed, no will, need help asap

[daaustin2000]

What is the name of your state (only U.S. law)? north carolina

my father in law passed away, left no will. he has 2 daughters, 1 in town, 1 out of state. he has been divorced for several years, his house is not paid off but he has a vehicle that is. him and ex wife are on title. what rights do we have and can the ex wife take the vehicle since her name is on title, even though divorced? we are awaiting word from the courthouse on when we can get executor named. please help???!!!

 

[Zigner]

What is the name of your state (only U.S. law)? north carolina

my father in law passed away, left no will. he has 2 daughters, 1 in town, 1 out of state. he has been divorced for several years, his house is not paid off but he has a vehicle that is. him and ex wife are on title. what rights do we have and can the ex wife take the vehicle since her name is on title, even though divorced? we are awaiting word from the courthouse on when we can get executor named. please help???!!!

The vehicle belongs to the ex wife...

 

[daaustin2000]

The vehicle belongs to the ex wife...

even though we have the divorce papers? so will that make her responsible for his bills and everything else too?

 

[Zigner]

even though we have the divorce papers? so will that make her responsible for his bills and everything else too?

The vehicle shows two owners. When one passes, guess what happens...
.
.
.
.
.
The vehicle now has one owner.


This has nothing to do the with remainder of his estate.

 

[daaustin2000]

The vehicle shows two owners. When one passes, guess what happens...
.
.
.
.
.
The vehicle now has one owner.


This has nothing to do the with remainder of his estate.

she is also on the house, which is not paid off

 

[Zigner]

she is also on the house, which is not paid off

That makes it more interesting.
I would suggest that the administrator of the estate consult with an attorney.

 

[daaustin2000]

That makes it more interesting.
I would suggest that the administrator of the estate consult with an attorney.

thats the problem, we dont have one yet. the probate court has not called us back to come in.

 

[curb1]

Father-in-law made some serious economic mistakes, especially since "he has been divorced for several years". Why would he ignore her name every year when making payments, receiving tax statements etc. and not realize the problem.

My only conclusion from his actions (in-actions) was that it was his desire for ex-wife to have his vehicle and house in the event that he were to die. Either that or he was sleeping for "several years".

 

[daaustin2000]

Father-in-law made some serious economic mistakes, especially since "he has been divorced for several years". Why would he ignore her name every year when making payments, receiving tax statements etc. and not realize the problem.

My only conclusion from his actions (in-actions) was that it was his desire for ex-wife to have his vehicle and house in the event that he were to die. Either that or he was sleeping for "several years".

not sleeping, sick. has been sick for years, he made several statements as to where he wanted what to go, and the ex wife was never mentioned in anything. i know that will not hold up in court, not asking for opinions on his decisions or what he did and didnt do, just asking what our options are. thank you for your respect.

 

[anteater]

just asking what our options are.

Options regarding what?

It sounds as if your wife or her sister has begun the process of opening probate. And I believe Zig urged that the estate administrator retain an attorney. There is going to be some digging to do.

 

[daaustin2000]

Options regarding what?

It sounds as if your wife or her sister has begun the process of opening probate. And I believe Zig urged that the estate administrator retain an attorney. There is going to be some digging to do.

we have begun the process, but we want everything to be fair, and it seems the ex, after not having contact for years, is expecting a handout, while we are left with all the debt, (house not paid for, credit card and hospital bills, funeral bill, ect.) if, by law, the ex gets to take the vehicle, and since the house has her name on it also, would she not also be responsible for some of the debt? i am posting here because we cannot afford an attorney, and i have no experience with this kind of thing.

 

[curb1]

You said, "not asking for opinions on his decisions or what he did and didnt do". Unfortunately, what he "did or didn't do" will have a direct bearing on the outcome of the situation. He obviously needed some guidance and didn't receive it from anyone.

 

[daaustin2000]

You said, "not asking for opinions on his decisions or what he did and didnt do". Unfortunately, what he "did or didn't do" will have a direct bearing on the outcome of the situation. He obviously needed some guidance and didn't receive it from anyone.

i fully understand that, and he was in the process of making a will when he passed, but i do also understand that had he done alot of things, it would be easier. however he didnt. cant change that. we cant bring him back. so the people saying "he should have dont this or that", how is that helping? yes, he needed guidance, but he didnt get it. can we change that? right now, we have to deal with the situation we have. i appreciate the help, i honestly do. like i said, i have no experience with this at all. im just asking for help. and posting that he should have done something is not gonna change anything right now.

 

[anteater]

Just to clear... There isn't any "we", "us", or "our" in this. It is your wife and her sister.

And one and/or both of them should gather as much information as possible - the divorce decree, the deed to the house, the vehicle title, as much as possible about any other assets or liabilities - and begin calling probate attorneys asking for an introductory consultation. Many attorneys will give a brief, exploratory consult at no or low cost. When one or both retain an attorney, attorney's fees can be paid from the estate assets - before creditors are paid.

...while we are left with all the debt, (house not paid for, credit card and hospital bills, funeral bill, ect.)...

Unless your wife or sister obligated themselves personally, neither is responsible for your father-in-law's debt.

It seems that you want someone here to say that ex-wife is or is not entitled to this or that. Nobody who has not reviewed the entire situation is going to do that.

 

[daaustin2000]

Just to clear... There isn't any "we", "us", or "our" in this. It is your wife and her sister.

And one and/or both of them should gather as much information as possible - the divorce decree, the deed to the house, the vehicle title, as much as possible about any other assets or liabilities - and begin calling probate attorneys asking for an introductory consultation. Many attorneys will give a brief, exploratory consult at no or low cost. When one or both retain an attorney, attorney's fees can be paid from the estate assets - before creditors are paid.


Unless your wife or sister obligated themselves personally, neither is responsible for your father-in-law's debt.

It seems that you want someone here to say that ex-wife is or is not entitled to this or that. Nobody who has not reviewed the entire situation is going to do that.

that helps, thank you. i say we because me and my wife are the ones dealing with all the paper work. the sister is out of state, and has nothing to do with any of it. they had the bill for the funeral home sent to us, so when i say we, i am meaning me and my wife will wind up having to pay the costs. thank you again. never called an attorney so didnt know how that whole thing works.