Father's Will and divorce decree concerning Real Estate

[ALawyer]

You really need an experienced lawyer in CT to review the whole set of documents to determine who gets what. This likely would be determined by the exact wording! (And you thought the Florida recount is complicated.)

But be mindful that this IS your mother and something short of all out warfare is appropriate.

 

[robdam]

Connecticut. Parents divorced in July 2000. Father died October 6 2000. Divorce Decree states that house is to be sold, proceeds to be split between mother and father 50/50. The Deed on the house states Survivorship. My Mother thinks that the house is entirely hers now. My sister and I think that we are to split the proceeds from the sale of the house 25% for Sister 25% for me
50% for mother. I am the Executor. My Father's will states that his estate is to be split 50/50 between my sister and I.

 

[CitrusSunshine]

You did not state where your father died and resided. This will make a possible difference in the ruling of the real estate. Was the real property up for sale at the time of your father's death? Who lived in the real property at the time of your father's death? If the divorce was final in July 2000 and your father demised in October 2000 - if there was a Will stating your father's estate was to be divided equally (per stripes) between you children the house must be sold or your mother must buy your father's interest out at "Fair Market Value" giving the money to the estate and/or to the beneficiaries. Your mother DOES NOT own the real estate 100% - if the divorce was final at the time of your father's death. Steps to do: 1) Get a certified copy of the Last Will and Testament of your father 2) Get a certified copy of the Final Decree of the Dissolution of Marriage (Final Divorce Decree) 3) Get a certified copy of your father's death certificate 4)Read all documents carefully - then send your mother a certified return receipt letter putting her on notice regarding the assets of your father from the real estate. You did not state if a probate file was opened - if there is one - call the court and find out who the attorney is and send him a copy of the certified return receipt letter plus a copy to the court file by certified return receipt mail...There should be no problem in getting the money for the house once you present your case. Good luck.

 

[robdam]

Thanks for your reply. The house is in Connecticut. My father was living in the house @ the time of his death. Yes, the house was for sale @ the time of his death. we actually have a sales agreement with a potentioal buyer. Thanks again.