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Divorce, deceased death

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ezshop5

Junior Member
What is the name of your state? In Tennessee
My father was divorced a few months ago form my stepmother. The divorce decree said he had to pay $25,ooo from a business he owned and $2,500 from home equity in 60 days. I don’t think he paid her though and now she says she wants half of the business and house. She’s already kept all his personal belongings. I am his only child and she says I have to pay her or else. He passed away last week and there is no will so I'm trying to figure out what I legally am responsible for. Thank you.
 
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ladybg1

Member
if there is a will, it needs to be probated & she will need to submit a claim to the probate court. If the divorce decree states he was to pay her, then the estate would be liable. Probate basically uses what $$ & assets that are available to pay outstanding debts 1st. Then whatever is left is distributed to the heirs. You are not liable for anything-the estate is. But you can not just use the assets & ignore the debts
 

ezshop5

Junior Member
Reply

if there is a will, it needs to be probated & she will need to submit a claim to the probate court. If the divorce decree states he was to pay her, then the estate would be liable. Probate basically uses what $$ & assets that are available to pay outstanding debts 1st. Then whatever is left is distributed to the heirs. You are not liable for anything-the estate is. But you can not just use the assets & ignore the debts

OK, but what if I don't want to sell the house? Then what happens?
 

anteater

Senior Member
OK, but what if I don't want to sell the house? Then what happens?
If stepmom has legitimate claims against your father's estate as a result of the divorce decree and you want to keep the house, then you come up with money from another source to pay those claims.

Retain an attorney, open probate, and get your appointment as the estate personal representative. You do not have the legal authority to do anything until then. In other words, stop talking with stepmom about this subject until you do that.
 

Dandy Don

Senior Member
She can not just automatically claim half of the business as hers, your attorney will have to see what the business agreement says and what state law says, but he can help you figure everything out, including whether it is necessary or desirable to perhaps sell the business or not.
 

nextwife

Senior Member
The divorce is final. She IS owed what was stated in the decree. No more than that. Pay her from estate assets and be done with her.
 

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