Wills and property titles

[ktscarlett]

What is the name of your state?What is the name of your state?What is the name of your state? Delaware

My father passed away 2 weeks ago. I have filed his will and opened the estate, as executrix. My sister and I are in agreement about the division of all personal items. However when our parents divorced 10 years ago, he borrowed money from his sister to buy my mother's half of the property out (2 acres and a doublewide home.) My aunt - who we do not trust at all - insisted on having her name put on the title of the property. The title search performed at the Registry of Wills bears this out. And yet, when she mentioned it years ago and I asked my father about it, he was adamant that she was NOT a co-owner but rather a creditor and her name only appeared as such (just like a bank's will on a regular mortgage). He was emphatic that everything he had was to go directly to my sister and I, in halves and his will seems to bear this out. But the title issue worries me - is she a creditor or is she an owner of 1/3 of it now? How could I find this out? I fear that he did not realize what he was doing when he put her name on it.

The other related issue is apparently he had a life insurance policy through the VFW for $5000. When I received the paperwork yesterday, it said that our mother was the beneficiary. I assume that he neglected to call the insurance company and tell them to change it to my sister and I, because that very policy is named in the divorce agreement (which they both signed) and it clearly states that my sister and I are to receive it. We need that money to pay for the funeral. So what has the legal standing, the policy from 1973 which has my mother as beneficiary, or a will drawn up in 1996 that states my sister and I are?

Thank you for any suggestions you may have.

 

[BelizeBreeze]

is she a creditor or is she an owner of 1/3 of it now? How could I find this out? I fear that he did not realize what he was doing when he put her name on it.

That depends entirely on HOW the aunt's name appears on the deed.

The other related issue is apparently he had a life insurance policy through the VFW for $5000. When I received the paperwork yesterday, it said that our mother was the beneficiary. I assume that he neglected to call the insurance company and tell them to change it to my sister and I, because that very policy is named in the divorce agreement (which they both signed) and it clearly states that my sister and I are to receive it. We need that money to pay for the funeral. So what has the legal standing, the policy from 1973 which has my mother as beneficiary, or a will drawn up in 1996 that states my sister and I are?

The divorce agreement prevails. Fill out the paperwork and send it back along with a copy of the divorce decree. And expect mom to contest.

Thank you for any suggestions you may have.[/QUOTE]

 

[BelizeBreeze]

FURTHERMORE: If it is found she is a co-owner, she will NOT own 1/3 but 1/2 of the property unless there are others listed on the deed.

 

[ktscarlett]

Thank you!

(Delaware)

Thank you for such a quick response!

In regards to the deed issue, how would I go about determining if it she is part owner or creditor? What search would I need to perform, where, and how? I have never settled an estate before so all this is very new to me.

I had always intended on settling this issue before my father died, as what he said/she said were two different things. But you always think there is more time....

Thanks again.

 

[ktscarlett]

So even though there are two heirs (my sister and I), the property doesn't go into thirds but is still half hers and half ours, if she is indeed determined to be an actual owner?

So much to learn!

 

[BelizeBreeze]

Go to the recorder's office in the county where dad lived and ask for a copy of the deed. They will have it listed by the address. The recorder's office is either in the county courthouse or county offices.

Once you have that look for [dad's name] and/or [aunt's name] and a phrase like Joint tenents . If it's Joint tenents with rights of survivorship then it all goes to the aunt.

If the aunt's name is on the deed as Lienholder, she owns nothing.

 

[ktscarlett]

'Nother question-

Delaware.

My BIL talked to a lawyer/friend today and he said that because my aunt charged my dad interest each month and in the agreement they signed, said foreclosure could be at her option if he were more than 30 days late on a payment, she has put herself in the position of a lienholder and cannot in any way be considered a co- or joint owner.

Any input on that?