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Under attack by dads ex wife

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C10nolan

Junior Member
What is the name of your state? Delaware

Ok let me try to sum this all up with out drawing it out to long. Please hang in there with my typing for I am not the best at it. My father passed away in the summer of 2004 and I am the administrator of his estate. He was married to my mom and they had 2 kids my little sister and myself. Him and my mom purchased a home when they first got married and it has stayed in my dads name only. They got divorced and he later remarried. His 2nd wife and him lived in the home of my dads until they purchased(dad refinanced the 1st home for down payment) a new home. The new home was put in My dads name and her name. She had 2 kids before my dad and her got married. My dad and her got divorced in 1999 and he moved back to the 1st home but his name stayed on the 2nd home that she still lived in. My dad and her have been in and out of court since they got divorced. She was ordered to refinance the home and have my dads name taken off the home and pay him a tiddy sum. She could not get approved for this and was unable to do so. They went back to court Dad was ordered to pay off his part of the home and and she was ordered to buy in out or she would have to sale the home.

Another court date was set when she did nothing she was told to do. She filed bankruptcy before the court date that date they had was set for this May. Ok now here we are to the present. My dad could not read or write and was in school at the time of his passing to learn how. He was too embarassed to ask anyone to help him take her name off his life insurance as the benificiary until 2 days before he died my aunt was to go down with him to change it. My dad had a massive heart attack when sleeping and had no heart problems ever he was only 61. She got all the money that would have went to his left bills and the funeral. She did pay for the funeral after we asked her to and we thanked her for that (even if it made me sick that she got his money like she had been doing for years).

She went down to the register of will and tried to get the 1st house in her name. The home was already deeded to me and that made her very mad. She then filed a claim against the estate for the money that she paid for the funeral...I know by law she is owed that back. Her son then filed a claim with the register for 27,000,00 for upgrades made to the house she and him are living in. She talked to me on the phone and she said they made the claim to make me sign off on the house and if I did she would drop the claims. I dont think this will stop until she has it all. She told my dad she would take everything he ever had. I just feel like the good guys never win.

Here is my questions I have


1) Is her son entitled to the money back from the upgrades to the home when my dad never agreed to it and didnt know anything about it.

2) How long do I have to dispute the claim made at the register of wills.

3) Was my dads death her free ticket out of everything she owed?

I know that we need to get a lawyer. Due to my dad having no money and a lot of bills my wife and I have been coming out of pocket to pay them off. We will be getting a lawyer this week. She has a very good lawyer and in the small area we live in I fear that we cant find one good enough to fight him and she will end up with everything.

Any help at all would be greatly appreciated!
 


S

seniorjudge

Guest
You need a lawyer to take care of this; there's no way we can settle this on an internet forum.
 

Dandy Don

Senior Member
You've left out the most important detail--did dad leave a last will and testament and does he have other assets to be probated besides the house?

Stop paying your dad's bills--unless you are wealthy enough to do so--this is the responsibility of the executor of the estate. You can probably be reimbursed for the bills you have already paid.

An attorney will have to look at all of the details to get this sorted out. You will come out a winner because the title is still in dad's name--at the very worst, wife will be entitled to a portion of it, whether the home is sold or not. What are the plans for use of the home?
 

C10nolan

Junior Member
Thanks

Im sorry about that I should have added that. There was no will and the only other things my dad had was 2 old cars. Im not sure if you are talking about the house in question that she owns part of or the one he owned before and was left to us. If everything works out like I hope it will after paying the estate the share she owes the house will stay with her. My wifes mom and dad are paying for the lawyer so we did go talk to one today he said that the claims wont hold up and as for the other stuff he is looking into it.My wife and I have very good jobs but we also have a home of our own to pay on and 2 car payments over $400 each so no I dont have the money to keep paying for all the bills. I thank you both so very much for taking the time to reply to my post and I am so glad that this site is out there for people. Also I hope I replied right I am new to this so Im very sorry if I did it wrong.
 

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