New Mexico land listed under deceased husband and late wife

[catermit]

I live in California but the land is in New Mexico. The lots are listed under my late husband and his late wife. What do I do first? If someone wants to buy what do I do, and/or am I responsible for the taxes when my name isn't on it, but I was married to the owner? To sell the other lots I seem to remember he did something to remove her name, some form with death certificate. Any help

 

[tranquility]

You're not responsible for the taxes unless you get the property. To get the property, you go though probate.

 

[Ohiogal]

How was title held? Who died first? What did their divorce decree state if they were divorced? Did they have children? Where are those children? Did your husband or his first wife leave a will?

 

[tranquility]

How was title held? Who died first? What did their divorce decree state if they were divorced? Did they have children? Where are those children? Did your husband or his first wife leave a will?

Just as a guess, but if it was held in the same way as the other properties:

To sell the other lots I seem to remember he did something to remove her name, some form with death certificate.

I'd bet it was JTWROS. Of course, that does not get it into the OPs hands.

 

[Ohiogal]

Just as a guess, but if it was held in the same way as the other properties:
I'd bet it was JTWROS. Of course, that does not get it into the OPs hands.

Nope it doesn't. But if the first wife and he had children that is a complication. If they were divorced, the divorce decree language in regards to that property matters. Probate is necessary.

 

[tranquility]

I agree. Probate is certainly necessary to get property from deceased husband to anyone else. I may or may not be necessary to get from joint ownership to deceased husband. If the divorce decree severed a joint ownership, the property should have been re-recorded as such (along with the deeds). Unless there is a recording, I don't think the executor of deceased husband's estate would have a duty to discover if the decree differed from title.

 

[Ohiogal]

I agree. Probate is certainly necessary to get property from deceased husband to anyone else. I may or may not be necessary to get from joint ownership to deceased husband. If the divorce decree severed a joint ownership, the property should have been re-recorded as such (along with the deeds). Unless there is a recording, I don't think the executor of deceased husband's estate would have a duty to discover if the decree differed from title.

The executor is required to list all possible heirs (including children). If there is a divorce decree that gave title, for instance, to deceased wife, then OP can't expect ANYTHING in the way of the property. In other words, she may be entitled to anywhere from all of the property to none of the property. That is my point.

 

[tranquility]

I agree completely.

 

[HomeGuru]

Good explanation; all of the property or none of the property. Or maybe a % of the property if other so called "heirs" come out of the woodwork.