Please help!!

[rock52]

What is the name of your state?Kentucky....We have a problem. We are trying to sell some property that my husband and his late wife had. When my husband and I married I paid the mortage off that he still had and placed a modular home on the property also with moneys that were mine. His late wife did not have a will,but they did have a surviorship deed. She had one daughter. He recieved some insurance money and gave the daughter her share of that money. When asked about the property she said she wanted no part of it. So my husband went ahead and filed the final settlement on the estate. He was the court appointed administrator. The judge has signed off on the final settlement,but now that we are trying to sell the property the daughter wants her part of the property or rather the cash from the sale. It has been 8 months since the judge signed the final settlement and it has been nearly 3 years since the estate was put into probate. What rights if any does the daughter still have? Does the modular and improvements and the mortage come in to the equation as to how much she is entitled to if any? She knew of everything at the time it was happening. Can she still come in against this property and claim any part of it? My husband and his late wife had only the assets of this property and the insurance money. Total value less then $80,000 and liabilities of $ 40,000. The daughter recieved a check for her portion of the insurance money and the check was memo that it was for her final settlement. She cashed the check the next day. My husband was never instructed by the court to have a wavier signed by her to release her interest in the property. So does she or doesn't she have a claim against this property after the amount of time that has now passed. The probate was the full 6 months and then the additional 6 months and then another 6 months till the final ruling and now it has been another 8 months. So a total of 28 months.

 

[Dandy Don]

So exactly how do the names read on the "survivorship deed"?

What year did the wife die?

Daugher probably does not have any rights and someone should explain the concept of survivorship rights to her. Normally, when the wife dies, the title then passes to the surviving husband and daughter has no financial interest.

You need to be consulting with a local probate attorney about this.

DANDY DON IN OKLAHOMA ([email protected])

 

[rock52]

Thanks....more Help Please

Thank you for your reply.At this time we are consulting with a probate attorney.Originally my late wife and I purchased this property together in 2001 on a Land contract.She died in oct 02 2002 It reads in part "deliver to the purchasers,their heirs and assigns forever,for the real estate above described.a good and sufficient general warranty deed to the purchasers,jointly,with the remainder to the survivor of said purchasers,subject to any restrictions or encumbrences of record......Now at death I became Administrator of my wifes estate,to shorten on details,nov12 2002,6 months to advertise,six months to finalize,and then signed off by the Judge here in morgan county,ky.My step Daughter got her share after all distribution of Insurance funds,even more so.The Judge Again signed and released me and the estate closed.It has been almost a year now since then.I remarried and my now wife sold her home in Indiana,and with funds paid of my remaining mortgage {contract} of 23000.00.Also with her moneys a modular home here on the property.After paying the contract off,mind you this is now 6 months after finalization of estate,the deed from our attorney was transferred to us in survivorship deed jointly.My step daughter got word of the sale pending and is now interfereing in the sale.Saying she never did a waiver.However,I feel like the check she cashed and on it stated that it was her final part of the estate.My attorney here has been handling this sale for us,the buyer got wind by him ,cause of his obligation to her he said,and he did not see a waiver himself after search the files,and is himself questioning wheather or not she can obtain Title insurance as demands to close.We are all packed up here ready to go and are in limbo.I called another attorney that deals with Probate Law strictly and explained every detail,and he asked me to send out files of court,We did,and are awaiting again for his reply...He is out of town,again darn,another delay,and impatience of loosing a sale,so on.I was however told by this lawyer,he believes that my step daughter has no legal rights to the property at all,and that the judge signed the final order because my step daughter signed the check,that was the waiver,release,etc,that the judge saw.If I haven't put you to sleep here yet,please give me your thoughts on this.

 

[rock52]

Thank you for your reply.At this time we are consulting with a probate attorney.Originally my late wife and purchased this property together in 2001 on a Land contract.It reads in part "deliver to the purchasers,their heirs and assigns forever,for the real estate above described.a good and sufficient general warranty deed to the purchasers,jointly,with the remainder to the survivor of said purchasers,subject to any restrictions or encumbrences of record......Now at death I became Administrator of my wifes estate,to shorten on details,nov12 2002,6 months to advertise,six months to finalize,and then signed off by the Judge here in morgan county,ky.My step Daughter got her share after all distribution of Insurance funds,even more so.The Judge Again signed and released me and the estate closed.It has been almost a year now since then.I remarried and my now wife sold her home in Indiana,and with funds paid of my remaining mortgage {contract} of 23000.00.Also with her moneys a modular home here on the property.After paying the contract off,mind you this is now 6 months after finalization of estate,the deed from our attorney was transferred to us in survivorship deed jointly.My step daughter got word of the sale pending and is now interfereing in the sale.Saying she never did a waiver.However,I feel like the check she cashed and on it stated that it was her final part of the estate.My attorney here has been handling this sale for us,the buyer got wind by him ,cause of his obligation to her he said,and he did not see a waiver himself after search the files,and is himself questioning wheather or not she can obtain Title insurance as demands to close.We are all packed up here ready to go and are in limbo.I called another attorney that deals with Probate Law strictly and explained every detail,and he asked me to send out files of court,We did,and are awaiting again for his reply...He is out of town,again darn,another delay,and impatience of loosing a sale,so on.I was however told by this lawyer,he believes that my step daughter has no legal rights to the property at all,and that the judge signed the final order because my step daughter signed the check,that was the waiver,release,etc,that the judge saw.If I haven't put you to sleep here yet,please give me your thoughts on this.

Ps..note also we are only selling the home here from my now wifes purchase and 25 acres of the land that origins from the 96 acres my late wife and I purchased.Worse case scenerio????

 

[Dandy Don]

You seem to be waiting on a waiver from the daughter when it would appear that this is not needed.

If you don't already have a real estate attorney reviewing this matter, then you need to get a review and opinion from one and send a copy to daughter. She has no grounds to be interfering with the sale, but no one has explained to her that she has no interest since right of survivorship only goes to the surviving spouse.

DANDY DON IN OKLAHOMA ([email protected])